Aiello v Carbone
Motion No: 2017-05931
Slip Opinion No: 2017 NY Slip Op 87532(U)
Decided on September 29, 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

M238558

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-05931

Rudolph Aiello, Jr., respondent,

v Grace Carbone, appellant.

(Index No. 7503/15)

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, Queens County, entered April 26, 2017.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is dismissed for failure to file proof of service of the motion in accordance with the terms of the order to show cause.

RIVERA, J.P., CHAMBERS, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court