| Somerset v City of New York |
| Motion No: 2013-06402 |
| Slip Opinion No: 2013 NY Slip Op 81458(U) |
| Decided on August 2, 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. |
Appellate Division: Second Judicial Department
M160203
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX, JJ.
|
2013-06402 Patricia Somerset, etc., et al., respondents, v City of New York, et al., defendants, Keyspan Energy Corporation, appellant-respondent, Stephen D. Morales, etc., respondent-appellant. (Action No. 1) Patricia Somerset, etc., et al., respondents, v Stephen D. Morales, etc., appellant. (Action No. 3) Stephen D. Morales, etc., respondent, v City of New York, et al., defendants, Keyspan Energy Corporation, appellant. (Action No. 4) Noreen Davidson, respondent, v Stephen D. Morales, etc., respondent-appellant, Keyspan Energy Corporation, appellant-respondent. (Action No. 5) (and other titles) (Index Nos. 24514/01, 5271/01, 37229/01, 20622/01)
| DECISION & ORDER ON MOTION |
Motion by Keyspan Energy Corporation to stay the trial in the above-entitled actions pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 10, 2013, and pursuant to CPLR 5520(c) to extend the time to file a notice of appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is pursuant to CPLR 5520(c) to extend the time to file a notice of appeal is denied as unnecessary as the notice of appeal has been timely filed; and it is further,
ORDERED that the branch of the motion which is to stay the trial is denied.
DILLON, J.P., LEVENTHAL, CHAMBERS and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court