Appellate Division: Second Judicial Department

M68346

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2008-02719 Paramount Transportation System, Inc., etc., respondent, v Lasertone Corporation, appellant. (Index No. 28695/06)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay an inquest on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated December 20, 2007.

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 to stay the inquest on the issue of damages in the above-entitled action pending hearing and determination of the appeal from the order dated December 20, 2007, is granted, and the inquest on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal from the order dated December 20, 2007, is perfected on or before April 30, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 30, 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.

PRUDENTI, P.J., FISHER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court