Concille v Weingarten
Motion No: 2010-01582
Slip Opinion No: 2010 NY Slip Op 82353(U)
Decided on September 16, 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

M108394

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2010-01582

Lucille Concille, etc., plaintiff, v Otto

Weingarten, et al., defendants, Silver Lake

Specialized Care Center, et al., defendants

third-party plaintiffs-respondents; Evercare,

et al., third-party defendants-appellants.

(Index No. 104798/07)

DECISION & ORDER ON MOTION

Motion by the third-party defendants-appellants to stay enforcement of an order of the Supreme Court, Richmond County, dated January 7, 2010, pending hearing and determination of an appeal therefrom, or for a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied.

RIVERA, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court