Appellate Division: Second Judicial Department

M96871

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2009-09065 Dennis Bernardi, et al., appellants, v George Harrison, et al., respondents. (Index No. 20905/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action as well as an action entitled Bernardi v Spyratos, pending in the same court under Index No. 15949/05, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated August 14, 2009, and for an award of an attorney's fee, costs, and disbursements.

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

ORDERED that the branch of the motion which is for a stay is granted, and the trial in the above-entitled action as well as the action entitled Bernardi v Spyratos are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 4, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 4, 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.

SKELOS, J.P., SANTUCCI, DICKERSON and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court