Coccia v Liotti
Motion No: 2011-06015
Slip Opinion No: 2011 NY Slip Op 88167(U)
Decided on October 27, 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

M127972

S/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-06015

Joan Coccia, respondent,

v Thomas F. Liotti, appellant.

(Index No. 5195/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated June 1, 2011. Cross motion by the respondent to dismiss the appeal on the ground that the order dated June 1, 2011, is the result of a successive motion for summary judgment.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied without prejudice to the respondent raising the issue in his brief.

RIVERA, J.P., ANGIOLILLO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court