| Smith v Ebenezer Baptist Church, Inc. |
| Motion No: 2011-07375 |
| Slip Opinion No: 2012 NY Slip Op 75705(U) |
| Decided on June 8, 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. |
Appellate Division: Second Judicial Department
M138879
E/sl
MARK C. DILLON, J.P.
ARIEL E. BELEN
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2011-07375 George H. Smith, respondent, v Ebenezer Baptist Church, Inc., et al., appellants. (Index No. 08-3601)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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, Orange County, dated March 31, 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 to stay the trial is granted, and 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.
DILLON, J.P., BELEN, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court