| Giampetruzzi v 2 Endo Boulevard, LLC |
| Motion No: 2012-08208 |
| Slip Opinion No: 2012 NY Slip Op 88209(U) |
| Decided on October 22, 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
M145395
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2012-08208 Frank Giampetruzzi, plaintiff, v 2 Endo Boulevard, LLC, et al., respondents, Gary D. Cannella Associates, appellant, et al., defendant (and a third-party action). (Index No. 12600/07)
| 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 July 23, 2012, 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 and in relation 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., LEVENTHAL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court