Appellate Division: Second Judicial Department

M61041

E/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2007-03874 Utility Audit Group, respondent-appellant, John O'Kelly, respondent, v Apple Mac & R Corp., et al., appellants-respondents. (Index No. 2194/05)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered April 11, 2007.

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

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before November 13, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 13, 2007, the court, on its own motion, may vacate the stay, or the respondent-appellant or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that on the court's own motion, the appellants-respondents' time to perfect the appeal is enlarged until November 13, 2007, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

PRUDENTI, P.J., KRAUSMAN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court