Appellate Division: Second Judicial Department

M82924

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2008-11113 Karl Bauerlien, et al., plaintiffs-respondents- appellants, et al., plaintiff, v Salvation Army, defendant-respondent-appellant, Alliance Elevator Company, defendant third-party plaintiff second third-party defendant-respondent-appellant, Alliance Elevator Group, et al., defendants-respondents; Landmark Consultants, Inc., second third-party defendant-respondent-appellant, Inclinator Company of America, Inc., defendant fourth-party plaintiff- appellant-respondent; P.M. Associates, et al., third-party defendants; Schlinder Group, et al., second third-party defendants-respondents, United Technologies Corporation of New York City, second third-party defendant-respondent-appellant, et al., second third-party defendants. (Index No. 3895/05)

DECISION & ORDER ON MOTION

Motion by Inclinator Company of America, Inc., to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Nassau County, entered November 5, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 appeals; and it is further,

ORDERED that Inclinator Company of America, Inc., shall serve and file the joint record or appendix on appeal and its brief on or before March 27, 2009; and it is further,

ORDERED that Landmark Consultants, Inc., Sodexho, and Alliance Elevator Company, United Technologies Corporation of New York City, and Republic Elevator Corp. shall serve and file their answering briefs, including the points of argument on the cross appeals, on or before May 1, 2009 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that Salvation Army shall serve and file its answering brief, including the points of argument on the cross appeal, on or before June 5, 2009 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that Karl Bauerlien and Donna Bauerlien shall serve and file their answering brief, including the points of argument on the cross appeal, on or before July 10, 2009 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that Inclinator Company of America, Inc., shall serve and file its reply brief, if any, on or before July 10, 2009; and it is further,

ORDERED that the respondents shall serve and file their briefs, if any, on or before July 10, 2009; and it is further,

ORDERED that Landmark Consultants, Inc., Sodexho, and Alliance Elevator Company, United Technologies Corporation of New York City, and Republic Elevator Corp. shall serve and file their reply briefs, if any, on or before August 14, 2009; and it is further,

ORDERED that Salvation Army shall serve and file its reply brief, if any, on or before August 31, 2009; and it is further,

ORDERED that Karl Bauerlien and Donna Bauerlien shall serve and file their reply brief, if any, on or before September 15, 2009.

DILLON, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court