Appellate Division: Second Judicial Department

M66933

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2008-00673 Segundo Orellana, et al., plaintiffs-respondents, v Boro-Wide Recycling Corp., et al., defendants- respondents, Central Transport, Inc., defendant third-party plaintiff-respondent, Assured Packaging, Inc., et al., defendants third-party defendants- appellants-respondents; New Style Recycling Corp., third-party defendant-respondent-appellant. (Index No. 12489/04)

DECISION & ORDER ON MOTION

Separate motions by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of appeals and a cross appeal from an order of the Supreme Court, Kings County, dated December 19, 2007.

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

ORDERED that the motions are granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals and cross appeal on condition that the appeals are perfected on or before March 31, 2008; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 31, 2008, the court, on its own motion, may vacate the stay, or the other parties may move to vacate the stay, on three days notice.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court