Fogel v Rizzo
Motion No: 2011-06070
Slip Opinion No: 2011 NY Slip Op 83029(U)
Decided on September 8, 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

M125421

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-06070

Robert Fogel, respondent,

v Charles L. Rizzo, et al., appellants.

(Index No. 3824/09)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered May 19, 2011.

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

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court