Appellate Division: Second Judicial Department

M70704

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

ARIEL E. BELEN, JJ.

2008-02592 Neddy Wesh, respondent, v Frank Laidlaw, et al., appellants. (Index No. 13730/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 28, 2008.

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

ORDERED that the motion is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 18, 2008, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 18, 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 respondent shall serve and file her brief, if any, on or before July 18, 2008; and it is further,

ORDERED that the appellants shall serve and file their reply brief, if any, on or before August 4, 2008; and it is further,

ORDERED that on the court's own motion, a preference is granted in the calendaring of the appeal, and the appeal will be calendared when it is fully perfected.

LIFSON, J.P., FLORIO, CARNI and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court