Appellate Division: Second Judicial Department

M84076

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-10917 Wanda Brandon, appellant-respondent, v Salomon Hallivis, et al., appellants, 85 Pitt Grocery, Inc., et al., respondents. (Index No. 27233/06)

DECISION & ORDER ON MOTION

Motion by Salomon Hallivis and 85-87 Pitt Street Realty Corp. to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated September 23, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition 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 appeals on condition that Salomon Hallivis and 85-87 Pitt Street Realty Corp. perfect their appeal on or before April 20, 2009; and it is further,

ORDERED that in the event the movants do not perfect the appeal on or before April 20, 2009, the court, on its own motion, may vacate the stay, or the other parties may move to vacate the stay, on three days notice; and it is further,

ORDERED that the appellant-respondent shall serve and file her answering brief, including her points of argument on the cross appeal, on or before May 25, 2009 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondents shall serve and file their respondents' brief on or before June 29, 2009.

FISHER, J.P., DILLON, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court