Appellate Division: Second Judicial Department

M75022

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REINALDO E. RIVERA, J.P.

DAVID S. RITTER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2008-05395 Northbay Construction Co., Inc., appellant-respondent, v Bauco Construction Corp., etc., et al., respondents- appellants, et al., defendant. (Action No. 1) (Index No. 13195/95) Americo Creco, etc., et al., appellants-respondents, v Dominick Bauco, a/k/a Domenico Bauco, et al., respondents-appellants. (Action No. 2) (Index No. 13196/95)

ORDER ON APPLICATION

Motion by the respondents-appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered May 9, 2008.

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

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before September 25, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 25, 2008, the court, on its own motion, may vacate the stay.

RIVERA, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court