| Stellini v Toto |
| Motion No: 2010-07518 |
| Slip Opinion No: 2011 NY Slip Op 61031(U) |
| Decided on January 12, 2011 |
| 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
M114013
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
|
2010-07518 George Stellini, etc., plaintiff, v Rocco Toto, etc., defendant third-party plaintiff-appellant; City of New York, et al., third-party defendant-respondent. (Index No. 102054/05)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant 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 May 24, 2010. Application by the defendant third-party plaintiff-appellant to reject the opposition papers on the ground that they were not timely served.
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 application is granted, and the opposition papers have not been considered in the determination of this motion; and it is further,
ORDERED that the motion is denied.
DILLON, J.P., BALKIN, ENG and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court