Fulton v Kelly
Motion No: 2017-11465
Slip Opinion No: 2018 NY Slip Op 68439(U)
Decided on March 30, 2018
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

M248194

E/afa

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2017-11465

Timothy Fulton, respondent,

v John Kelly, et al., defendants,

Michael Cholowsky, appellant.

(Index No. 20501/10)

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 September 11, 2017.

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

ORDERED that the motion is denied.

AUSTIN, J.P., COHEN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court