Appellate Division: Second Judicial Department

M58209

E/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-00258, 2007-05481, 2007-06186 Wendi Walsh, etc., respondent, v Mystic Tank Lines Corporation, et al., appellants. (Index No. 3320/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of appeals from three orders of the Supreme Court, Queens County, dated November 27, 2006, May 3, 2007, and June 1, 2007, respectively.

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

ORDERED that on the court's own motion, the appeal from the order dated June 1, 2007 (Appellate Division Docket No. 2007-06186), is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701); and it is further,

ORDERED that on the court's own motion, the appellants' time to perfect the appeal from the order dated November 27, 2006 (Appellate Division Docket No. 2007-00258), is enlarged until September 10, 2007, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is granted to the extent that all proceedings in the above-entitled action are stayed pending hearing and determination of the appeals from the orders dated November 27, 2006, and May 3, 2007 (Appellate Division Docket Nos. 2007-00258, and 2007-05481), respectively, on condition that those appeals are perfected on or before September 10, 2007, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals from the orders dated November 27, 2006, and May 3, 2007, are not perfected on or before September 10, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

We note that the papers filed by Donna Catalano, Leonard Catalano, Kerri Ann Zawatsky, Petronella Russo, and Christine Jennewein have not been considered as they are not parties to the above-entitled action and, as such, do not have standing to file papers in connection with this motion.

PRUDENTI, P.J., GOLDSTEIN, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court