Appellate Division: Second Judicial Department

M85285

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PETER B. SKELOS, J.P.

STEVEN W. FISHER

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-02419 Samuel Figueroa, respondent-appellant, v Felice Tornabene, et al., appellants-respondents, Metropolitan Lumber, Hardware and Building Supplies, Inc., et al., defendants. (Index No. 23754/06)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, entered January 21, 2009. Separate motion by the respondent-appellant to dismiss the appeal as untimely taken.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before May 15, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 15, 2009, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion to dismiss the appeal is denied.

SKELOS, J.P., FISHER, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court