| Tiffany At Westbury Condominium v Marelli Developmen |
| Motion No: 2005-07272 +2 |
| Slip Opinion No: 2006 NYSlipOp 62519(U) |
| Decided on February 1, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35598
T/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-07272 The Tiffany at Westbury Condominium, etc., et al., plaintiffs-appellants, v Marelli Development Corp., et al., respondents, et al., defendants, John Schimenti, PC., defendant-appellant. (Appeal No. 1) 2005-10729, 2006-00647 The Tiffany at Westbury Condominium, etc., et al., plaintiffs-respondents, v Marelli Development Corp., et al., appellants, et al., defendants, John Schimenti, PC., defendant-respondent. (Appeal No. 2 and 3) (Index No. 6919/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents on Appeal No. 1 and the appellants on Appeals No. 2 and 3 to stay all proceedings in the above-entitled action, including the trial thereof, pending hearing and determination of appeals from an order of the Supreme Court, Nassau County, dated June 21, 2005 (Appellate Division Docket No. 2005-07272), and two orders of the same court entered June 24, 2005 (Appellate Division Docket No. 2005-10729), and dated January 4, 2006 (Appellate Division Docket No. 2006-00647), respectively, and cross motions by the plaintiffs-appellants in Appeal No. 1 and the plaintiffs-respondents in Appeals No. 2 and 3 for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the cross motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and all proceedings in the above-entitled action, including the trial thereof, are stayed pending hearing and determination of the appeals on condition that Appeals No. 2 and 3 (Appellate Division Docket Nos. 2005-10729 and 2006-00647) are perfected on or before March 3, 2006; and it is further,
ORDERED that in the event appeals No. 2 and 3 (Appellate Division Docket Nos. 2005-10729 and 2006-00647) are not perfected on or before March 3, 2006, the court, on its own motion, may vacate the stay; and it is further,
ORDERED that the cross motions for a preference are granted, and the appeals will be calendared when fully perfected.
RITTER, J.P., LUCIANO, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court