Appellate Division: Second Judicial Department

M42715

T/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-03586, 2006-06372 Jorge Navarette, etc., et al., appellants, v Michael Alexiades, etc., et al., respondents, et al., defendants. 2006-06795 Jorge Navarette, etc., et al., respondents, v Michael Alexiades, etc., et al., defendants, Hospital for Special Surgery, appellant. (Index No. 14132/99)

DECISION & ORDER ON MOTION

Motion by the plaintiffs to stay the trial in the above-entitled action pending hearing and determination of appeals from three orders of the Supreme Court, Queens County, two dated February 15, 2006 (Appellate Division Docket Nos. 2006-03586 and 2006-06372), and one dated April 24, 2006 (Appellate Division Docket No. 2006-06795).

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 plaintiffs perfect the appeals from the orders dated February 15, 2006 (Appellate Division Docket Nos. 2006-03586 and 2006-06372), on or before September 5, 2006; and it is further,

ORDERED that in the event the plaintiffs do not perfect the appeals from the orders dated February 15, 2006, on or before September 5, 2006, the court, on its own motion, may vacate the stay, or the defendants may move to vacate the stay on three days notice; and it is further,

ORDERED that on the court's own motion, the defendant Hospital for Special Surgery shall perfect the appeal from the order dated April 24, 2006 (Appellate Division Docket No. 2006-06795) on or before September 5, 2006.

SPOLZINO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court