REP 35 Engel, LLC v Holber Associates, L.P.

REP 35 Engel, LLC v Holber Associates, L.P.

Motion No: 2015-02814

Slip Opinion No: 2015 NY Slip Op 86599(U)

Decided on October 6, 2015

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

M199593

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2015-02814
REP 35 Engel, LLC, respondent,
v Holber Associates, L.P., appellant,
et al., defendants.
(Index No. 17604/11)

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, Nassau County, entered December 19, 2014, and for a preference in the calendaring of the appeal.

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

ORDERED that the motion is denied.

RIVERA, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court