Appellate Division: Second Judicial Department

M82385

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2007-08254 Arra Ashjian, respondent-appellant, v Orion Power Holdings, Inc., et al., defendants third-party plaintiffs second third-party plaintiffs-respondents; Elliott Turbomachinery Co., Inc., et al., third-party defendants fourth-party defendants-appellants- respondents; JSI Service Corp., second third-party defendant fourth-party plaintiff- respondent (and other titles). (Index No. 7115/03)

DECISION & ORDER ON MOTION

Motion by the appellants 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 July 13, 2007, and a determination of an appeal by the Court of Appeals in an action entitled Lee v Astoria Generating Co., Inc., commenced in the Supreme Court, New York County, under Index No. 400173/04.

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 in the above-entitled action and the determination by the Court of Appeals in the action entitled Lee v Astoria Generating Co., Inc., commenced in the Supreme Court, New York County, under Index No. 400173/04.

The parties shall advise this court expeditiously when the Court of Appeals determines Lee v Astoria Generating Co., Inc.

FISHER, J.P., FLORIO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court