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Farinacci v. Powell

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 15, 2010

JASON FARINACCI, ETC., PLAINTIFF-RESPONDENT,
v.
BRYAN A. POWELL, ET AL., DEFENDANTS-APPELLANTS.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

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

113390/07

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[16][c] ["criminal action . . . terminates with the imposition of sentence or some other final disposition in a criminal court"]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100615

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