STATE OF NEW YORK

SUPREME COURT: COUNTY OF CHAUTAUQUA

____________________________________


LILYAN W. HOGLE,


Plaintiff,


vs INDEX #H-09154


WOMEN'S CHRISTIAN ASSOCIATION HOME,


Defendant.

____________________________________


JAMES J. MORAN, P.C.

(Michael D. Braisted, Esq.

of Counsel) for

Plaintiff



GIBSON, McASKILL & CROSBY

(Mitchell M. Stenger, Esq.

of Counsel) for

Defendant


DECISION AND ORDER


GERACE, J.



The Court granted plaintiff's motion for mistrial.


Defendant requests a stay pending appeal. The request


is denied. We are dealing with a 93 year old plaintiff.


Counsel are hereby ordered to draw a jury December


8, 1995.



This is the Decision and Order of this Court.



Date: October , 1995

Mayville, New York


______________________________

JOSEPH GERACE

Supreme Court Justice



To all Counsel:


Please take notice that a DECISION and ORDER of

which the within is a copy, is duly granted in the above

entitled action on the day of October, 1995, and

duly entered in the office of the Clerk of the County of

Chautauqua on the same date.