Appellate Division: Second Judicial Department

M87392

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-10647, 2009-02484 Harminder Singh, et al., appellants, v City of New York, et al., respondents (and a third-party action). (Index No. 2918/07)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Kings County, dated September 18, 2008, and a decision of the same court March 3, 2009, respectively, to stay all proceedings in the above-entitled action, including the trial, and to stay enforcement of the decision dated March 3, 2009, pending hearing and determination of the appeals, for a preference in the calendaring of the appeals, and for an expedited briefing schedule with respect to the appeal from the decision dated March 3, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that on the court's own motion, the notice of appeal from the decision dated March 3, 2009 (Appellate Division Docket No. 2009-02484), is deemed to be a premature notice of appeal from an order of the Supreme Court, Kings County, dated March 20, 2009 (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is to stay the trial in the above-entitled action and enforcement of the order dated March 20, 2009, is granted and the trial and the order dated March 20, 2009, are stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., SANTUCCI, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court