Appellate Division: Second Judicial Department

M37634

O/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

MARK C. DILLON, JJ.

2005-01675, 2005-01913, 2006-02155 Kisnet Brooks, respondent-appellant, v Maintenance Service Resources, Inc., defendant third-party plaintiff-respondent- appellant; Allied Exterminating, third-party defendant-appellant-respondent. (Index No. 49128/97)

DECISION & ORDER ON MOTION

Motion by the plaintiff on an appeal and cross appeals from an order of the Supreme Court, Kings County, dated December 23, 2004, an amended order of the same court January 24, 2005, and an order of the same court dated February 10, 2006, to stay the retrial on the issue of damages pending hearing and determination of the appeals, and to consolidate the appeal from the order dated February 10, 2006, with the appeals from the order dated December 23, 2004, and the amended order.

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

ORDERED that the branch of the motion which is to stay the retrial is granted and the retrial is stayed pending hearing and determination of the appeals on condition that the appeal from the order dated February 10, 2006 (Appellate Division Docket No. 2006-02155), is perfected on or before April 24, 2006; and it is further,

ORDERED that in the event the appeal from the order dated February 10, 2006, is not perfected on or before April 24, 2006, the court, on its own motion, may vacate the stay, or the defendant and third-party defendant may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that on the court's own motion, the appeals shall be calendared together, and argued or submitted on the same day.

PRUDENTI, P.J., SANTUCCI, KRAUSMAN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court