Appellate Division: Second Judicial Department

M64610

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

THOMAS A. DICKERSON, JJ.

2007-11022 Derek Donnelly, et al., appellants-respondents, v Fortunato Nicotra, et al., respondents-appellants. (Index No. 14056/04)

DECISION & ORDER ON MOTION

Motion by Fortunato Nicotra, Kelly McCue, 5 Star Realty of New York, Inc., and Ital Pizza Corp., d/b/a La Piazz Restaurant 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 August 17, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition 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 Fortunato Nicotra, Kelly McCue, 5 Star Realty of New York, Inc., and Ital Pizza Corp., d/b/a La Piazz Restaurant perfect their appeal on or before February 6, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 6, 2008, the court, on its own motion, may vacate the stay, or Derek Donnelly and Maryanne Donnelly may move to vacate the stay, on three days notice.

SPOLZINO, J.P., FLORIO, MILLER and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court