DANILO GALO, res, v. JOHN M CUNNINGHAM, ap — Motion by the appellant to stay the trial in the aboveentitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered August 13, 2012.

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 motion is denied.

RIVERA, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.