Appellate Division: Second Judicial Department

M59351

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

EDWARD D. CARNI, JJ.

2006-11118 Oscar Parrales, respondent, v Wonder Works Construction Corp., et al., appellants (and a third-party action). (Index No. 22396/03)

DECISION & ORDER ON MOTION

Motion by the appellants 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 October 5, 2006. Cross motion by the respondent, in effect, to enlarge the record on appeal to include an order of the same court dated July 30, 2007.

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

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

ORDERED that the cross motion is granted and on or before September 21, 2007, the respondent shall serve and file a supplemental record containing the order dated July 30, 2007; and it is further,

ORDERED that on or before September 21, 2007, the appellants may, if they be so advised, serve and file a supplemental brief raising issues relating to the order dated July 30, 2007; and it is further,

ORDERED that the respondent shall serve and file a supplemental brief, if any, on or before October 5, 2007, and the appellants shall serve and file a supplemental reply brief, if any, on or before October 15, 2007.

CRANE, J.P., GOLDSTEIN, SKELOS and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court