Garay v City of White Plains
Motion No: 2017-01294
Slip Opinion No: 2017 NY Slip Op 67621(U)
Decided on March 17, 2017
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

M227840

E/afa

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2017-01294

Joseph Garay, respondent, v City of White

Plains, et al., defendants third-party plaintiffs-

appellants-respondents, et al., defendants;

American Test Center, Inc., third-party defendant-

respondent-appellant.

(Index No. 55551/11)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated January 12, 2016.

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

ORDERED that the motion is denied.

BALKIN, J.P., COHEN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court