| Rogers v County of Westchester |
| Motion No: 2023-01012 |
| Slip Opinion No: 2024 NY Slip Op 66823(U) |
| Decided on April 26, 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
M296091
AFA/
BETSY BARROS, J.P.
JOSEPH J. MALTESE
BARRY E. WARHIT
CARL J. LANDICINO, JJ.
|
2023-01012 Christopher Rogers, plaintiff-respondent, v County of Westchester, defendant, Somers Central School District, et al., defendants-respondents, Barrett Roofs, Inc., appellant (and third and fourth party actions). (Index No. 63732/2020)
| DECISION & ORDER ON MOTION |
2023-06662
Christopher Rogers, plaintiff-respondent,
v County of Westchester, et al., defendant,
Somers Central School District, et al.,
defendants-respondents, Barrett Roofs, Inc.,
appellant (and third and fourth party actions).
(Index No. 63732/2020)
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated April 24, 2024, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeals from two orders of the Supreme Court, Westchester County, dated December 19, 2022, and July 14, 2023, respectively. Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
BARROS, J.P., MALTESE, WARHIT and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court