| Ballinger v City of Mount Vernon |
| Motion No: 2023-05636 |
| Slip Opinion No: 2024 NY Slip Op 64385(U) |
| Decided on March 20, 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. |
Appellate Division: Second Judicial Department
M295053
ID/
VALERIE BRATHWAITE NELSON, J.P.
JOSEPH J. MALTESE
LILLIAN WAN
CARL J. LANDICINO, JJ.
|
2023-05636 Philip Ballinger, respondent, v City of Mount Vernon, et al., appellants, et al., defendants. (Index No. 58519/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated April 13, 2023. 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 granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal, and the motion is otherwise denied.
BRATHWAITE NELSON, J.P., MALTESE, WAN and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court