Torres v Children's Village, Inc.
Motion No: 2006-00105
Slip Opinion No: 2006 NYSlipOp 62610(U)
Decided on February 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35567

E/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2006-00105

Peter Torres, respondent, v Children's

Village, Inc., etc., appellant, et al., defendants.

(Index No. 1440/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered December 15, 2005, and for a preference in the calendaring of the appeal. Application by the respondent to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion, the application, and the papers filed in relation to the motion, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the appeal shall be calendared when it is fully perfected; and it is further,

ORDERED that the application is granted, and the respondent's time to serve and file a brief is enlarged until March 13, 2006, and the respondent's brief must be served and filed on or before that date.

RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court