Delanoy v City of White Plains
Motion No: 2010-01708
Slip Opinion No: 2011 NY Slip Op 63992(U)
Decided on February 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

M115425

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

JEFFREY A. COHEN, 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.

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 to stay the trial is denied; and it is further,

ORDERED that the branch of the motion which is for a preference is denied as unnecessary as the appeals have been calendared.

DILLON, J.P., FLORIO, DICKERSON and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court