Appellate Division: Second Judicial Department

M36626

T/nal

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-01817 Edward McConville, et al., respondents, v Reinauer Transportation Companies, L.P., et al., appellants. (Index No. 12942/98)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay the damages trial in the above-entitled action pending hearing and determination of an appeal from an interlocutory judgment of the Supreme Court, Richmond County, dated March 2, 2006.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the notice of appeal dated February 27, 2006, is deemed to be a premature notice of appeal from the interlocutory judgment (see CPLR 5520[c]); and it is further,

ORDERED that the motion is granted and the damages trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 3, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 3, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied as academic in light of our determination.

FLORIO, J.P., SANTUCCI, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court