Flynn v D'Amato
Motion No: 2013-08668
Slip Opinion No: 2013 NY Slip Op 87351(U)
Decided on October 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

M163254

E/sl

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2013-08668

Tori Flynn, et al., respondents,

v Benny D'Amato, et al., defendants,

City of New York, appellant.

(Action No. 1)

Julieann D'Amato, respondent,

v City of New York, et al., appellants.

(Action No. 2)

(Index Nos. 101171/09, 102897/09)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled actions pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated July 2, 2013.

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

ORDERED that the motion is denied.

ANGIOLILLO, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court