Nunez v North South University Hospital
Motion No: 2011-01249
Slip Opinion No: 2011 NY Slip Op 73363(U)
Decided on May 20, 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

M120471

E/ct

A. GAIL PRUDENTI, P.J.

DANIEL D. ANGIOLILLO

ANITA R. FLORIO

JOSEPH COVELLO, JJ.

2011-01249

Anthony Nunez, plaintiff-respondent,

v North Shore University Hospital,

defendant third-party plaintiff-respondent,

Axis Construction Company, defendant-

respondent; Samuel Cockburn & Sons, Inc.,

third-party defendant-appellant.

(Index No. 10469/07)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 29, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., ANGIOLILLO, FLORIO and COVELLO, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court