Scalogna v Osipov
Motion No: 2012-08748
Slip Opinion No: 2012 NY Slip Op 87137(U)
Decided on October 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

M144777

E/sl

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2012-08748

Vito Scalogna, respondent,

v Kurshum Osipov, et al., appellants.

(Index No. 43/11)

DECISION & ORDER ON MOTION

Motion by Kurshum Osipov and Horton Transit II, Inc., for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated September 21, 2012, and to stay the retrial in the above-entitled action, pending hearing and determination of the appeal.

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

ORDERED that the motion is granted and the retrial is stayed pending hearing and determination of the appeal.

FLORIO, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court