Stellini v Toto
Motion No: 2010-07518
Slip Opinion No: 2011 NY Slip Op 61387(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

M114114

P/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

ORDERED that the decision and order on motion of this Court dated January 12, 2011, which granted the motion by the defendant third-party plaintiff-appellant to stay the trial in the above-entitled action pending hearing and determination of the appeal from an order of the Supreme Court, Richmond County, is amended by deleting from the recitation paragraph thereof the words "no papers having been filed in opposition or in relation," and substituting therefor the words "the papers filed in opposition."

DILLON, J.P., BALKIN, ENG and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court