Appellate Division: Second Judicial Department

M76008

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2008-07477 Rukminamma Madireddy, respondent, v Subba Reddy Madireddy, etc., defendant-appellant; Chittemma Reddy, intervenor-appellant. (Index No. 203062/06)

DECISION & ORDER ON MOTION

Motion by the intervenor-appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Nassau County, dated September 9, 2008.

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

ORDERED that on the court's own motion, the notices of appeal from a decision of the Supreme Court, Nassau County, dated July 18, 2008, are deemed to be applications for leave to appeal from the order dated September 9, 2008, and leave to appeal is granted; and it is further,

ORDERED that the motion is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before November 18, 2008; and it is further,

ORDERED that in the event the appeals are not perfected on or before November 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.

FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court