Appellate Division: Second Judicial Department

M82468

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2009-00754 Tallgrass Land Holding, LLC, et al., respondents, v TGC Operating Company, LLC, et al., appellants, et al., defendants. (Index No. 19203/08)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 16, 2008, and for a preference in the calendaring of the appeal.

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 stay all proceedings is granted to the extent that all proceedings in the above-entitled action are stayed, except for the appointment of the temporary receiver, on condition that the appeal is perfected on or before March 16, 2009, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 16, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, the respondents shall serve and file their brief, if any, on or before April 15, 2009, the appellants shall serve and file their reply brief, if any, on or before April 27, 2009, and the appeal will be calendared expeditiously after all the briefs have been filed.

RITTER, J.P., SANTUCCI, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court