Duran v Simon
Motion No: 2010-10434
Slip Opinion No: 2011 NY Slip Op 63176(U)
Decided on February 3, 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

M114971

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2010-10434

Julio Duran, plaintiff-respondent,

v William H. Simon, appellant, Donaldo

Rivera, et al., defendants-respondents.

(Index No. 12661/09)

DECISION & ORDER ON MOTION

Separate motions by the appellant and by the defendants-respondents to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered September 23, 2010.

Upon the papers filed in support of the motions, the papers filed in relation to the appellant's motion, and no papers having been filed in opposition or in relation to the defendants-respondents motion, it is

ORDERED that the motions are granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal and the motions are otherwise denied.

DILLON, J.P., DICKERSON, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court