Appellate Division: Second Judicial Department

M85137

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WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

PLUMMER E. LOTT, JJ.

2008-08612 Katrina Mixon, et al., plaintiffs, v TBV, Inc., et al., respondents, Jonathan Transporter, et al., appellants, et al., defendants. (Index No. 21689/02)

DECISION & ORDER ON MOTION

Motion by TBV, Inc., and George McLaren, Jr., inter alia, to strike the brief filed by Katrina Mixon and Sonya Mixon on an appeal from an order of the Supreme Court, Queens County, entered August 4, 2008, on the ground that "it is in actuality an [a]ppellants' brief for which no [n]otice of [a]ppeal was filed." Separate motion by the appellants to stay the trial in the above-entitled matter pending hearing and determination of the appeal and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motions, the papers filed in opposition and in relation to the motion to strike the brief, and the papers filed in relation to the motion to stay the trial and for a preference, it is

ORDERED that the branch of the motion of TBV. Inc., and George McLaren, Jr.,, which is to strike the brief filed by Katrina Mixon and Sonya Mixon is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof, and that motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to stay the trial is granted and the trial in the above-entitled matter is stayed pending hearing and determination of the appeal; and it is further,

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

MASTRO, J.P., RIVERA, FISHER and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court