
    Paul Williams, App’lt., v. William Hays, Resp’t.
    
      (Supreme Court, General Term, First Department,
    
    
      Filed May 24, 1889.)
    
    Practice—Stay of proceedings—When order not disturbed.
    Where the discretion of the court denying a stay until the hearing upon, appeal of a case pending in another court, has been fairly and properly exercised, it will not be disturbed by the appellate court.
    Appeal from so much of an order as denies the plaintiff’s motion for a stay of this action, pending an appeal to the general term of the superior court, in the action of Hays v. The Phoenix Insurance Company.
    
    
      George A. Black, for app’lt; Goodrich, Beady & Goodrich, for resp’t.
   Macomber, J.

The decision upon the appeal by the plaintiff from an order permitting the appellant to file a supplemental answer, (23 N. Y. State Rep., 489,) alleging the result of the trial in the superior court of the city of New York, in the case of Hays v. The Phœnix Insurance Company, practically decides this motion also. That portion of the order, not appealed from, granted a stay pending this appea., and propbrly denied a stay until the hearing upon appeal of the casé pending in the superior court of the city of néw York in the action brought by this defendant against the insurance company. Such stay was obviously all the court should have granted, and the discretion of the court seems to have been fairly exercised, and should not be disturbed.

Order appealed from affirmed, with costs.

Van Brunt, Oh. J., and Bartlett, J., concur.  