Morcilio v V. Albanese Pest Control, Inc.
Motion No: 2011-05608
Slip Opinion No: 2011 NY Slip Op 89931(U)
Decided on November 17, 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

M128943

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-05608, 2011-09403, 2011-10096

Georgina Morcilio, respondent, v V. Albanese

Pest Control, Inc., et al., appellants.

(Index No. 13356/08)

DECISION & ORDER ON MOTION

Motion by V. Albanese Pest Control, Inc., and Miguel A. Nebot for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated September 15, 2011, and to stay the trial in the above-entitled action, pending hearing and determination of the appeal from the order dated September 15, 2011, as well as appeals from two orders of the same court dated May 2, 2011, and August 8, 2011.

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 for leave to appeal is granted; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court