Buffolino v City of New York
Motion No: 2011-04424
Slip Opinion No: 2012 NY Slip Op 61081(U)
Decided on January 12, 2012
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

M131569

E/sl

ANITA R. FLORIO, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-04424

Richard Buffolino, respondent,

v City of New York, defendant,

Stephanie Cho, appellant.

(Index No. 20893/09)

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, Queens County, entered April 5, 2011, and to strike the brief filed by the City of New York. Application by the City of New York for leave to withdraw its brief.

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

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

ORDERED that the application is granted, and the brief filed by the City of New York is deemed withdrawn.

FLORIO, J.P., CHAMBERS, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court