Stormes v United Water New York, Inc.
Motion No: 2010-01519
Slip Opinion No: 2010 NY Slip Op 82927(U)
Decided on September 21, 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

M108614

E/sl

JOSEPH COVELLO, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2010-01519

Raymond W. Stormes, et al., appellants,

v United Water New York, Inc., et al.,

respondents.

(Index No. 08-2282)

DECISION & ORDER ON MOTION

Motion by the appellants for a preference in the calendaring of an appeal from an order of the Supreme Court, Rockland County, dated December 21, 2009. Application by the respondents to stay the trial in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the application is dismissed without prejudice to making a motion for that relief (see CPLR 8022[b]).

COVELLO, J.P., LEVENTHAL, BELEN and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court