Appellate Division: Second Judicial Department

M47616

E/sl

GLORIA GOLDSTEIN, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2006-07161 John W. Moncreif, etc., et al., plaintiffs, v Michael DiChiaro, et al., defendants (and other titles). (Action No. 1) (Index No. 03-6426) John W. Moncreif, etc., et al., appellants, v Maureen Rosenthal, et al., respondents. (Action No. 2) (Index No. 05-6419)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in Action No. 1 pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered June 5, 2006, and to enlarge the record on appeal to include (1) an order of the same court entered December 13, 2005, in Action No. 1, which, inter alia, determined the motion of Maureen Rosenthal and Richard Rosenthal for summary judgment, and (2) the papers submitted in support of and in opposition to that motion.

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 trial in the above-entitled action pending hearing and determination of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the record is granted, and the record or appendix on appeal shall include the order entered December 13, 2005, in Action No. 1, and the motion papers which resulted in that order.

GOLDSTEIN, J.P., RIVERA, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court