Appellate Division: Second Judicial Department

M53042

E/sl

HOWARD MILLER, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2006-09131 Nationscredit Financial Services Corp., plaintiff- respondent, v Luis Turcios, et al., appellants, Northland Equities Corp., et al., defendants- respondents, et al., defendants. (Index No. 12938-00)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated August 10, 2006, in effect, for leave for Steven A. Sternlicht, Esq., to represent them on the appeal, and for a preference in the calendaring of the appeal. Cross motion by the respondent to strike the appellants' brief.

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

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including the trial, is granted to the extent that the trial is stayed pending hearing and determination of the appeal and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave for Steven A. Sternlicht, Esq., to represent the appellants on the appeal is granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

MILLER, J.P., ANGIOLILLO, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court