Coccia v. Liotti

Full title: Joan Coccia, respondent, v. Thomas F. Liotti, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Oct 27, 2011

2011 N.Y. Slip Op. 88167 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-06015 Index No. 5195/06 M127972

10-27-2011

Joan Coccia, respondent, v. Thomas F. Liotti, appellant.

REINALDO E. RIVERA

, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated June 1, 2011. Cross motion by the respondent to dismiss the appeal on the ground that the order dated June 1, 2011, is the result of a successive motion for summary judgment.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied without prejudice to the respondent raising the issue in his brief.

RIVERA, J.P., ANGIOLILLO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court