David v Bryon
Motion No: 2010-11736
Slip Opinion No: 2011 NY Slip Op 61375(U)
Decided on January 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M114117

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-11736

Benoj David, plaintiff,

v Jorge Byron, et al., defendants

(and a third-party action).

(Index No. 05-3850)

DECISION & ORDER ON MOTION

Motion by Jorge Byron and Budget Rent A Car System, Inc., for leave to appeal to this Court from an order of the Supreme Court, Rockland County, dated November 22, 2010, and, inter alia, 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 thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court