Appellate Division: Second Judicial Department

M84079

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-08992, 2008-11144 John Maraia, etc., et al., respondents, v Orange Regional Medical Center, appellant, et al., defendants. (Appeal No. 1) John Maraia, etc., et al., respondents, v Orange Regional Medical Center, et al., defendants, Richard F. Daines, etc., appellant. (Appeal No. 2) (Index No. 08-6138)

DECISION & ORDER ON MOTION

Joint motion by the appellants in Appeal No. 1 and Appeal No. 2 to stay all proceedings in the above-entitled action, except proceedings relating to the respondents' undertaking, pending hearing and determination of appeals from two orders of the Supreme Court, Orange County, dated September 19, 2008, and October 27, 2008, respectively, to calendar the appeals together, and for a preference in the calendaring of the appeals.

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 in the above-entitled action, except proceedings relating to the respondents' undertaking, is granted, and all proceedings in the above-entitled action, except proceedings relating to the respondents' undertaking, are stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is granted and the appeals will be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court