| Salvato v Delkap Management, Inc. |
| Motion No: 2019-04504 |
| Slip Opinion No: 2019 NY Slip Op 76350(U) |
| Decided on July 30, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M264849
E/afa
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
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2019-04504 Lillian Salvato, et al., respondents, v Delkap Management, Inc., et al., respondents- appellants, Fiorini Landscape, Inc., defendant third-party plaintiff-appellant-respondent; Kimberly A. Graziano, etc., third-party defendant- respondent. (Index No. 1088/14)
| DECISION & ORDER ON MOTION |
Motion by Fiorini Landscape, Inc., to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated February 19, 2019, and for a preference in the calendaring of the appeal and cross appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including the trial, is denied; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal and cross appeal is granted and the appeal and cross appeal will be calendared expeditiously after all of the briefs have been filed.
CHAMBERS, J.P., AUSTIN, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court