Whitehead v City of New York
Motion No: 2010-00327
Slip Opinion No: 2010 NY Slip Op 79236(U)
Decided on August 10, 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

M106816

E/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. DICKERSON

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2010-00327, 2010-00331

Kenneth Whitehead, et al., respondents,

v City of New York, et al., defendants

third-party appellants-respondents; Steelco-

Metropolitan Steel Industries, third-party

defendant-respondent-appellant.

(Index No. 3697/07)

DECISION & ORDER ON MOTION

Motion by the defendants third-party appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of appeals and a cross appeal from two orders of the Supreme Court, Kings County, dated September 17, 2009, and October 26, 2009, respectively.

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

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals and cross appeal.

PRUDENTI, P.J., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court