Appellate Division: Second Judicial Department

M95926

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2009-10708 Frank Singh, etc., et al., appellants, v North Shore University Hospital, et al., respondents. (Index No. 6512/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the retrial in the above-entitled action and to stay payment of all costs, trial expenses, and sanctions, pending hearing and determination of appeals from an order of the Supreme Court, Queens County, entered October 7, 2009, and to recuse the trial judge with respect to all proceedings in the above-entitled action as well as all matters involving the appellants' attorney.

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 the retrial in the above-entitled action and to stay payment of all costs, trial expenses, and sanctions is granted and the retrial in the above-entitled action and payment of all costs, trial expenses, and sanctions are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 13, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 13, 2010, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court