Aulicino v Stop & Shop Supermarket Company, LLC
Motion No: 2012-01228
Slip Opinion No: 2013 NY Slip Op 63545(U)
Decided on February 4, 2013
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

M150798

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2012-01228

Matthew M. Aulicino, plaintiff, v Stop & Shop

Supermarket Company, LLC, defendant

third-party/second third-party plaintiff-appellant,

et al., defendant; All American Waste, LLC,

defendant third-party defendant-appellant; Waste

Management National Services, Inc., second

third-party defendant-respondent (and other titles).

(Index No. 09-6268)

DECISION & ORDER ON MOTION

Motion by Stop & Shop Supermarket Company, LLC, to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated November 28, 2011.

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

ORDERED that the motion is denied.

ENG, P.J., RIVERA, DICKERSON and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court