Appellate Division: Second Judicial Department

M64961

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2007-11440 Lauren Glenn, plaintiff-appellant, v Richard Annunziata, etc., respondent, et al., defendants; Warren J. Willinger, nonparty-appellant. (Index No. 2400/06)

DECISION & ORDER ON MOTION

Motion by the plaintiff-appellant and nonparty-appellant to stay a hearing on the issue of legal fees for the respondent's counsel in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Putnam County, dated November 29, 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 hearing on the issue of legal fees for the respondent's counsel in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 19, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 19, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., LIFSON, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court