Joseph v Simmons
Motion No: 2013-07202
Slip Opinion No: 2013 NY Slip Op 85609(U)
Decided on September 18, 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

M162390

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2013-07202

Dolores Joseph, et al., respondents,

v Malcolm Simmons, et al., defendants,

Luaka Masiala, appellant.

(Index No. 25250/08)

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, dated May 17, 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 granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

BALKIN, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court