Appellate Division: Second Judicial Department

M74164

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-01556 John Katulak, respondent, v Lloyd A. Carter, et al., defendants, Orange and Rockland Utilities, Inc., appellant, (and a third-party action). 2008-01559 John Katulak, plaintiff, v Lloyd A. Carter, et al., respondents, Orange and Rockland Utilities, Inc., appellant, (and a third-party action). 2008-01560 Arthur Courtright, plaintiff, v Orange and Rockland Utilities, Inc., appellant, County of Orange, respondent, et al., defendants (and a third-party action). (Action No. 1) John Katulak, plaintiff, v Lloyd A. Carter, et al.,defendants, Orange and Rockland Utilities, Inc., defendant third-party plaintiff-appellant; Stanley Winters, et al., third-party defendants, County of Orange, third-party defendant- respondent. (Action No. 2) (Index Nos. 04-8744, 05-2327)

DECISION & ORDER ON MOTION

Motion by Orange and Rockland Utilities, Inc., to expedite appeals from three orders of the Supreme Court, Orange County, all dated January 7, 2008, so that the appeals are decided before January 20, 2009, or, in effect, to stay the trials in the above-entitled actions pending hearing and determination of the appeals. Cross motion by the County of Orange to enlarge the time to serve and file a brief. Application by Lloyd A. Carter and Thomas Leichliter to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion, the cross motion, and the application, the papers filed in opposition and in relation to the motion, and the papers filed in opposition to the cross motion, it is

ORDERED that the branch of the motion which is to expedite the appeals is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to stay the trials in the above-entitled actions is granted and the trials in the above-entitled actions are stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the cross motion and the application are granted, the time of the County of Orange and Lloyd A. Carter and Thomas Leichliter to serve and file their briefs is enlarged until September 25, 2008, and the briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court