Appellate Division: Second Judicial Department

M48120

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-11495 Behrins & Behrins, P.C., respondent, v Pamela Chan, etc., appellant. (Action No. 1) (Index No. 14162/01) Pamela Chan, appellant, v Behrins & Behrins, P.C., respondent. (Action No. 2) (Index No. 10137/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled actions pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated December 6, 2006, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the stipulation of the parties dated December 7, 2006, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the trial in the above-entitled actions is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 11, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 11, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondent shall serve and file a brief, if any, on or before February 13, 2007; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before February 23, 2007; and it is further,

ORDERED that the appeal shall be calendared expeditiously.

CRANE, J.P., KRAUSMAN, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court