White Oak Construction Co., Inc. v MDDCAR Corp.
Motion No: 2010-09812
Slip Opinion No: 2011 NY Slip Op 77439(U)
Decided on July 1, 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

M122614

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2010-09812

White Oak Construction Co., Inc., respondent,

v MDDCAR Corp., appellant.

(Index No. 09-4067)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in a proceeding entitled Ninth Avenue Realty, LLC v MDDCAR, Corp., pending in the Civil Court of the City of New York, New York County, under Index No. 09/N089902, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered September 8, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SKELOS, J.P., ENG, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court