Commissioner of the New York State Department of Transportation v Pol
Motion No: 2020-05137
Slip Opinion No: 2023 NY Slip Op 70256(U)
Decided on July 14, 2023
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

M290047

AFA/

VALERIE BRATHWAITE NELSON, J.P.

ANGELA G. IANNACCI

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2020-05137

Commissioner of the New York State Department

of Transportation, et al., respondents-appellants,

v Bryan A. Polite, et al., appellants-respondents,

Outdoor, Inc./Idon Media, et al., respondents.

(Index No. 610010/2019)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated May 18, 2020. Motion by the appellants-respondents to stay all discovery in the above-entitled action, pending hearing and determination of the appeal and cross appeal, 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 thereto, it is

ORDERED that the branch of the motion which is to stay all discovery in the above-entitled action is granted, and all discovery in the above-entitled action is stayed, pending hearing and determination of the appeal and cross appeal; 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 denied.

BRATHWAITE NELSON, J.P., IANNACCI, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court