Appellate Division: Second Judicial Department

M66340

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PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-03143 Miguel Pena, appellant, v Precision Elevator Corp., et al., respondents. (Index No. 5459/06)

DECISION & ORDER ON MOTION

Motion by the respondents, in effect, to hold in abeyance an appeal from an order of the Supreme Court, Kings County, dated March 6, 2007. By order to show cause dated December 5, 2007, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the appeal had been rendered academic by a determination of the Workers' Compensation Board dated November 16, 2007, and the motion, in effect, to hold the appeal in abeyance was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal on the ground that the appeal had been rendered academic by a determination of the Workers' Compensation Board dated November 16, 2007, is denied; and it is further,

ORDERED that the motion, in effect, to hold the appeal in abeyance is granted; and it is further,

ORDERED that the parties shall notify the court when the Workers' Compensation Board renders its determination based on the testimony presented on January 29, 2008.

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court