Appellate Division: Second Judicial Department

M55005

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2007-04387 Marie Butler, plaintiff-respondent, v Carmel Catinella, defendant third-party plaintiff-appellant; Wagner & Kelly Management, Inc., third-party defendant-respondent. (Index No. 218/04)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated April 17, 2007.

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 all proceedings in the above-entitled action is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 22, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 22, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., RITTER, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court