Narciso v Capital Homes, Inc.
Motion No: 2010-01141
Slip Opinion No: 2010 NY Slip Op 73321(U)
Decided on June 3, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M103783

E/sl

STEVEN W. FISHER, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-01141

John Narciso, et al., respondents,

v Capital Homes, Inc., et al., defendants,

Frank Orlando, appellant.

(Index No. 1861/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Putnam County, dated December 17, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

FISHER, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court