Sellitti v Retro Fitness Oceanside
Motion No: 2022-10087
Slip Opinion No: 2024 NY Slip Op 61554(U)
Decided on January 31, 2024
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

M293924

SW/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2022-10087

Ralph Sellitti, plaintiff-respondent,

v Retro Fitness Oceanside, et al., appellants,

Chronos Fitness, etc., et al., defendants-respondents.

(Index No. 607430/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated September 21, 2022. Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court