Appellate Division: Second Judicial Department

M53914

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2007-01627, 2007-03293 Kimberly Hunt, et al., respondents, v Odd Job Trading, defendant third-party plaintiff; KMS, Inc., et al., third-party defendants, Sunbeam Products, Inc., third-party defendant- appellant. (Index No. 6154/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of two orders of the Supreme Court, Dutchess County, dated January 29, 2007, and March 28, 2007, respectively, as directed them to provide responses to the unanswered items of the respondents' notice to produce pending hearing and determination of appeals from the orders.

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 enforcement of so much of the orders as directed the appellant to provide responses to the unanswered items of the respondents' notice to produce is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before May 31, 2007; and it is further,

ORDERED that in the event the appeals are not perfected on or before May 31, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RIVERA, J.P., SPOLZINO, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court