Appellate Division: Second Judicial Department

M68170

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-01955 Luz Agosto, etc., et al., appellants, v Jose Pena, etc., respondent, et al., defendants (and two related actions). (Index No. 6987/00)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, for leave to appeal to this court from an order of the Supreme Court, Queens County, dated February 19, 2008, and to stay enforcement of so much of the order as directed that the infant plaintiff be produced for the purpose of undergoing a cerebral spinal fluid analysis and scheduled a trial in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary, as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as directed that the infant plaintiff be produced for the purpose of undergoing a cerebral spinal fluid analysis and scheduled the trial in the above-entitled action is granted, and enforcement of those portions of the order are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 28, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 28, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court