Appellate Division: Second Judicial Department

M52159

T/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2006-06441 Kimnova Alexander-Stokes, plaintiff-respondent, v City of New York, et al., defendants, Brooklyn Union Gas Company, et al., defendants third-party plaintiffs-respondents; Joseph L. Balkin, Inc., third-party defendant-appellant. (Index No. 12069/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 3, 2006. Separate motion by the plaintiff-respondent to dismiss the appeal from so much of the order as denied the defendants third-party plaintiff-respondents' motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the appellant is not aggrieved by that portion of the order, or, in the alternative, to enlarge her time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is

ORDERED that the appellant's motion is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from so much of the order as denied the defendants third-party plaintiffs' motion for summary judgment dismissing the complaint insofar as asserted against them is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the plaintiff-respondent's motion which is to enlarge her time to serve and file a brief is granted, and the plaintiff-respondent's time to serve and file a brief is enlarged until April 16, 2007, and the plaintiff-respondent's brief must be served and filed on or before that date.

RIVERA, J.P., SKELOS, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court