| Rosario v Montalvo & Son Auto Repair Center, Ltd. |
| Motion No: 2009-09337 |
| Slip Opinion No: 2010 NY Slip Op 85809(U) |
| Decided on October 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. |
Appellate Division: Second Judicial Department
M109901
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2009-09337 Luis Rosario, respondent, v Montalvo & Son Auto Repair Center, Ltd., appellant, et al., defendant. (Index No. 23045/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated August 10, 2009, which was determined by decision and order dated September 14, 2010, to stay the trial in the above-entitled action "pending the prompt application by the [respondent] to the Workers' Compensation Board." Application by the respondent to reject the appellant's "supplemental affirmation."
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is denied.
MASTRO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court