Appellate Division: Second Judicial Department

M79741

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2008-08931 Robert Phillip, plaintiff-respondent, v Doron Zanani, appellant, Casey White, defendant-respondent. (Index No. 12267/07)

DECISION & ORDER ON MOTION

Motion by Doron Zanani, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 21, 2008, and to calendar the appeal with an appeal from an order of the same court dated November 10, 2008. Application by the plaintiff-respondent to adjourn the return date of the motion.

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 calendar the appeal from the order dated April 21, 2008, with an appeal from the order dated November 10, 2008, is denied with leave to renew after Doron Zanani files a notice of appeal from the order dated November 10, 2008; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted to the extent that the opposition submitted by the plaintiff-respondent is accepted for filing and the application is otherwise denied.

RIVERA, J.P., ANGIOLILLO, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court