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Jason Farinacci v. Bryan A. Powell

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2010
74 A.D.3d 561 (N.Y. App. Div. 2010)

Opinion

June 15, 2010.

Order, Supreme Court, New York County (Paul Wooten, J.), entered June 17, 2009, which, in an action for personal injuries and wrongful death arising out of a collision involving a vehicle operated by defendant Powell and owned by defendant Mercedes Benz USA, LLC, denied defendants' motion pursuant to CPLR 2201 for a stay of proceedings pending Powell's appeal of his criminal conviction of, inter alia, vehicular manslaughter and driving while intoxicated, unanimously affirmed, without costs.

Before: Mazzarelli, J.P., Moskowitz, DeGrasse, Abdus-Salaam and Manzanet-Daniels, JJ.


Defendants do not argue that Powell's pending appeal could result in a new trial, and otherwise fail to show how Powell's testimony in this civil action could adversely affect him in any future criminal proceedings ( see CPL 1.20 [c] ["criminal action . . . terminates with the imposition of sentence or some other final disposition in a criminal court"]).


Summaries of

Jason Farinacci v. Bryan A. Powell

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2010
74 A.D.3d 561 (N.Y. App. Div. 2010)
Case details for

Jason Farinacci v. Bryan A. Powell

Case Details

Full title:JASON FARINACCI, Respondent, v. BRYAN A. POWELL et al., Appellants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 15, 2010

Citations

74 A.D.3d 561 (N.Y. App. Div. 2010)
902 N.Y.S.2d 349