Appellate Division: Second Judicial Department

M64052

E/nl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-10602, 2007-10605, 2007-10607 Desmond Henderson, et al., respondents, v Citiwide Auto Leasing, defendant, Adelphia-SJD, Inc., et al., appellants. (Index No. 31659/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of appeals from three orders of the Supreme Court, Kings County, dated April 19, 2007, October 16, 2007, and October 30, 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 thereto, it is

ORDERED that the branch of the motion which is to stay the trial on the issue of damages is granted, and the trial on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 22, 2008; and it is further,

ORDERED that in the event the appeals are not perfected on or before January 22, 2008, 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 the branch of the motion which is for a preference in the calendaring of the appeals is denied.

RIVERA, J.P., RITTER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court