Foster v Franco
Motion No: 2013-03577
Slip Opinion No: 2013 NY Slip Op 72828(U)
Decided on May 6, 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

M155868

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2013-03577

Terence Foster, respondent, v Anthony P.

Franco, appellant, et al., defendants.

(Index No. 22442/10)

DECISION & ORDER ON MOTION

Motion by the appellants 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, Nassau County, entered February 5, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., LEVENTHAL, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court