Appellate Division: Second Judicial Department

M62594

E/sl

GABRIEL M. KRAUSMAN, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2007-03212, 2007-05466 Leonardo Ingrassia, Jr., etc., respondent, v Demosthenes Lividikos, et al., defendants, Rudy N. Cantarini, et al., appellants, Arben Selmani, defendant third-party plaintiff- respondent; Jennifer Rodriguez, third-party defendant-appellant. (Action No. 1) GEICO General Insurance Company, plaintiff, v Vasilis Lividikos, et al., defendants. (Action No. 2) Leonardo Ingrassia, Jr., etc., respondent, v Jennifer Rodriguez, appellant. (Action No. 3) (Index Nos. 12441/04, 13539/04, 101000/06)

DECISION & ORDER ON MOTION

Motion by the appellant Jennifer Rodriguez to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Richmond County, dated February 28, 2007, and April 17, 2007, respectively, and for a preference in the calendaring of the appeals.

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

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

ORDERED that the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before December 19, 2007; and it is further,

ORDERED that in the event the appeals are not perfected on or before December 19, 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 appeals will be calendared expeditiously when they are fully perfected.

KRAUSMAN, J.P., FISHER, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court