| Barbieri v Fishoff |
| Motion No: 2011-08467 |
| Slip Opinion No: 2011 NY Slip Op 91916(U) |
| Decided on December 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. |
Appellate Division: Second Judicial Department
M130051
E/ct
REINALDO E. RIVERA, J.P.
RANDALL T. ENG
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2011-08467 Louis Barbieri, respondent, v Gary Fishoff, appellant. (Index No. 3773/07)
| DECISION & ORDER ON MOTION |
Motion by the 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, Dutchess County, dated July 1, 2011, and for a preference in the calendaring of the appeal.
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 a stay is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., ENG, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court