Bettineschi v Healy Electric Contracting, Inc.
Motion No: 2009-08193
Slip Opinion No: 2010 NY Slip Op 75268(U)
Decided on June 24, 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

M104791

E/sl

A. GAIL PRUDENTI, P.J.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2009-08193

Frank A. Bettineschi, et al., plaintiffs-respondents,

v Healy Electric Contracting, Inc., defendant

third-party plaintiff-appellant-respondent;

Bellway Electrical, third-party defendant-appellant.

(Index No. 18468/06)

DECISION & ORDER ON MOTION

Motion by Bellway Electrical for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated August 10, 2009, which was determined by decision and order of this Court dated May 25, 2010, and to stay the trial in the above-entitled action, pending hearing and determination of the motion.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to reargue is denied; and it is further,

ORDERED that the branch of the motion which is to stay the trial is denied as academic.

PRUDENTI, P.J., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court