Kytka v Dry Harbor Nursing Home & Rehabilitation Cente
Motion No: 2010-00852
Slip Opinion No: 2010 NY Slip Op 84653(U)
Decided on October 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M109393

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-00852

Michael Kytka, etc., respondent,

v Dry Harbor Nursing Home & Rehabilitation

Center, Inc., defendant, Vincent Rappa, etc.,

et al., appellants.

(Index No. 104177/07)

DECISION & ORDER ON MOTION

Motion by the appellant Staten Island University Hospital to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated January 7, 2010.

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

ORDERED that the motion is denied.

FISHER, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court