Capstone Business Credit, LLC v Imperia Family Realty, L
Motion No: 2012-10057
Slip Opinion No: 2013 NY Slip Op 67180(U)
Decided on March 13, 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

M152872

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-10057

Capstone Business Credit, LLC, plaintiff-appellant,

v Imperia Family Realty, LLC, et al., defendants-

respondents, Enio Imperia, defendant-third party

plaintiff-respondent; Capstone Capital Group I, LLC,

et al., third-party defendants-appellants, Joseph

Imperia, third-party defendant-respondent.

(Index No. 05-15002)

DECISION & ORDER ON MOTION

Motion by the plaintiff-appellant and the third-party defendants-appellants for a preference in the calendaring of an appeal from an order of the Supreme Court, Westchester County, dated August 27, 2012, or, in the alternative, to stay the trial 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 denied.

SKELOS, J.P., ANGIOLILLO, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court