Appellate Division: Second Judicial Department

M37188

T/sl

DAVID S. RITTER, J.P.

WILLIAM F. MASTRO

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2005-06470 Anthony Carrasquillo, etc., appellant, v Holliswood Hospital, et al., defendants, St. John's Hospital, respondent. (Acton No. 1) (Index No. 12807/88 Anthony Carrasquillo, etc., respondent-appellant, v Gary Zabarsky, appellant-respondent. (Action No. 2) (Index No. 16956/04)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent in Action No. 2 to stay the trial in the above-entitled actions pending hearing and determination of appeals from an order of the Supreme Court, Queens County, dated May 16, 2005. Application by the appellant in Action No. 1 and the respondent-appellant in Action No. 2 to withdraw his appeal in Action No. 1.

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

ORDERED that the application is granted, and the appeal in Action No. 1 is marked withdrawn; and it is further,

ORDERED that the motion is granted and the trial in the above-entitled actions is stayed pending hearing and determination of the appeal on condition that the appellant-respondent perfects the appeal on or before April 14, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 14, 2006, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice.

RITTER, J.P., MASTRO, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court