Bermejo v New York City Health and Hospitals Corporati
Motion No: 2013-08378
Slip Opinion No: 2013 NY Slip Op 88984(U)
Decided on October 22, 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

M163109

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2013-08378, 2013-08379, 2013-08380

Manuel Bermejo, respondent, v New York

City Health and Hospitals Corporation, et al.,

defendants, Ibex Construction, LLC,

et al., appellants (and other titles).

(Index No. 23985/09)

DECISION & ORDER ON MOTION

Separate motions by the appellants to stay the retrial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, both dated July 8, 2013, and an order of the same court dated July 26, 2013. Separate motion by nonparty Michael Katz for leave to submit papers in support of the appellants' motions.

Upon the papers filed in support of the appellants' motions and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion by the nonparty Michael Katz and the papers filed in opposition thereto, it is

ORDERED that the motion by nonparty Michael Katz denied; and it is further,

ORDERED that the appellants' motions are granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals.

BALKIN, J.P., LEVENTHAL, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court