Chiarello v Rio
Motion No: 2012-03978
Slip Opinion No: 2012 NY Slip Op 76953(U)
Decided on June 21, 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

M139575

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2012-03978

Michael Chiarello, etc., et al., plaintiffs-respondents,

v Frank Rio, et al., defendants third-party plaintiffs-

respondents; Encompass Insurance Company of

America, third-party defendant-appellant.

(Index No. 20512-10)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-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, Suffolk County, dated January 6, 2012.

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

ORDERED that the motion is denied.

ANGIOLILLO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court