Delanoy v City of White Plains
Motion No: 2010-01708
Slip Opinion No: 2010 NY Slip Op 90984(U)
Decided on December 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

M112835

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2010-01708

Joseph J. Delanoy, Jr., et al., respondents,

v City of White Plains, et al., appellants,

et al., defendant.

(Index No. 07-20899)

DECISION & ORDER ON MOTION

Motion by the City of White Plains and Robert J. Mullins to stay the trial in the above-entitled action, pending hearing and determination of appeals from an order of the Supreme Court, Westchester County, entered January 22, 2010, and for a preference in the calendaring of the appeal. Separate motion by Sunny Ridge homes, Inc., and Lejge Construction, LLC, to stay the trial in the above-entitled action, pending hearing and determination of the appeals.

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

ORDERED that the motions are denied.

MASTRO, J.P., RIVERA, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court