Appellate Division: Second Judicial Department

M87292

S/sl

A. GAIL PRUDENTI, P.J.

RANDALL T. ENG

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2008-08818 Mariusz Baginski, et al., respondents-appellants, v Queen Grand Realty, LLC, defendant third-party plaintiff-appellant-respondent, Manhattan Beer Distributions, LLC, defendant appellant-respondent, et al., defendant; Milcon Construction Corp., third-party defendant fourth-party plaintiff-respondent; Macro Contracting Corp., fourth-party defendant- respondent. (Index No. 4735/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 27, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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 September 10, 2008. Application by the respondents-appellants to withdraw their cross appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted and the cross appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., ENG, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court