Cioffi v Raritan Building Services Corp.
Motion No: 2014-03961
Slip Opinion No: 2014 NY Slip Op 92953(U)
Decided on December 16, 2014
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

M184439

E/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

COLLEEN D. DUFFY, JJ.

2014-03961, 2014-05565

Nicholas Cioffi, respondent, v Raritan Building

Services Corp., defendant, Diversified Maintenance

Systems, LLC, appellant.

(Index No. 102463/12)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated December 12, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from two orders of the Supreme Court, Richmond County, dated January 24, 2014, and April 15, 2014, respectively.

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

ORDERED that the motion is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeals, and the motion is otherwise denied.

DILLON, J.P., CHAMBERS, HALL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court