Opinion
Motion No: 2012-01474 Index No. 102321/09 M135188
03-21-2012
Kenneth Lee, respondent, v. SS. Cosmas and Damian Human Services Center, Inc., appellant (and a third-party action).
, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
ROBERT J. MILLER, 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, Richmond County, dated December 19, 2011, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.
ANGIOLILLO, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court