Meloe v Gardner
Motion No: 2006-02477
Slip Opinion No: 2006 NYSlipOp 71803(U)
Decided on July 11, 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

M41983

S/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2006-02477

Erica Anne Meloe, etc., et al., respondents-appellants,

v Bryan J. Gardner, et al., defendants, RR Plumbing

& Heating, et al., appellants-respondents.

(Index No. 5889/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent RR Plumbing & Heating to stay the trial in the above-entitled action pending hearing and determination of appeals and a cross appeal from an order of the Supreme Court, Dutchess County, dated February 23, 2006.

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

ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appellants-respondents perfect their appeals on or before August 11, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before August 11, 2006, the court, on its own motion, may vacate the stay, or the respondents-appellants may move to vacate the stay, on three days notice.

FLORIO, J.P., ADAMS, SANTUCCI and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court