Appellate Division: Second Judicial Department

M66937

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-09005, 2008-00319 Staten Island New York CVS, Inc., appellant- respondent, v Gordon Retail Development, LLC, et al., defendants third-party plaintiffs-respondents- appellants, Virga Commercial Contractors, Inc., et al., defendants-respondents-appellants; Future Tech Consultants of New York, Inc., third-party defendant-respondent (and other titles). (Action No. 1) Staten Island New York CVS, Inc., et al., appellants, v MXW Holding Corp., respondent. (Action No. 2) (Index No. 10972/03)

DECISION & ORDER ON MOTION

Motion by Staten Island New York CVS, Inc., and CVS Pharmacy, Inc., to stay all proceedings in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Richmond County, dated September 7, 2007, and an appeal from an order of the same court dated December 4, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeals and cross appeals on condition that the appeals are perfected on or before March 28, 2008; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 28, 2008, the court, on its own motion, may vacate the stay, or any party may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court