National Public Energy, Inc. v Prospect Capital Corporatio
Motion No: 2015-04891
Slip Opinion No: 2016 NY Slip Op 63485(U)
Decided on February 5, 2016
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

M206095

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2015-04891

National Public Energy, Inc., plaintiff/counterclaim

defendant-appellant, v Prospect Capital Corporation,

formerly known as Prospect Energy Corporation,

defendant/counterclaim plaintiff-respondent; et al.,

additional counterclaim defendant.

(Index No. 572/11)

DECISION & ORDER ON MOTION

Motion by National Public Energy, Inc., to stay the trial on the counterclaims in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered May 8, 2015.

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

ORDERED that the motion is denied.

CHAMBERS, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court