| Lancer Insurance Co. v Marine Motor Sales, Inc. |
| Motion No: 2010-03694 |
| Slip Opinion No: 2010 NY Slip Op 79508(U) |
| Decided on August 12, 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. |
Appellate Division: Second Judicial Department
M106931
E/nl
JOSEPH COVELLO, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
|
2010-03694, 2010-05975 Lancer Insurance Company, respondent, v Marine Motor Sales, Inc., et al., appellants, et al., defendants. (Index No. 1501/08)
| DECISION & ORDER ON MOTION |
Motion by Donald Tierney to stay the trial in an action entitled Sanchez v Marine Auto Sales, Inc., pending in the Supreme Court, Richmond County, under Index No. 104646/07, and an action entitled Tierney v Marine Auto Sales, Inc., pending in the Supreme Court, Richmond County, under Index No. 102609/08, pending hearing and determination of appeals from an order of the Supreme Court, Nassau County, dated March 2, 2010, and a judgment of the same court dated April 20, 2010.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the notice of appeal by Marine Motor Sales, Inc., and John Parks from the order dated March 2, 2010, is deemed also to be a notice of appeal from the judgment dated April 20, 2010 (see CPLR 5501[c]); and it is further,
ORDERED that the motion is granted, and the trial in the action entitled Sanchez v Marine Auto Sales, Inc., pending in the Supreme Court, Richmond County, under Index No. 104646/07, and the action entitled Tierney v Marine Auto Sales, Inc., pending in the Supreme Court, Richmond County, under Index No. 102609/08, is stayed pending hearing and determination of the appeals.
COVELLO, J.P., MILLER, DICKERSON and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court