Appellate Division: Second Judicial Department

M60056

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

THOMAS A. DICKERSON, JJ.

2007-07301 Sheila George, et al., plaintiffs-appellants- respondents, v Marshalls of MA, Inc., et al., defendants-appellants-respondents, Sullivan Service Co., Inc., etc., et al., defendants- respondents-appellants. (Index No. 5127/02)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents Marshalls of MA, Inc., and TJX Companies, Inc., to stay all proceedings in the above-entitled action, including the trial thereof, pending hearing and determination of appeals and cross appeals from an order of the Supreme Court, Nassau County, entered June 28, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeals and cross appeals on condition that the appeals by the movants and the plaintiffs are perfected on or before October 19, 2007, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before October 19, 2007, the court, on its own motion, may vacate the stay, or the respondents-appellants may move to vacate the stay, on three days notice.

MILLER, J.P., RITTER, GOLDSTEIN and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court