Appellate Division: Second Judicial Department

M101098

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-02886 Veronica Miller, etc., respondent, v Searingtown Associates, Inc., et al., defendants third-party plaintiffs; New Horizon Roofing Corp., third-party defendant-appellant. (Index No. 22279/08)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Nassau County, entered March 24, 2010, and to stay enforcement of stated portions of the order pending hearing and determination of the appeal.

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 for leave to appeal is denied as unnecessary as the order is appealable as of right; and it is further,

ORDERED that the branch of the motion which is for a stay is granted, and enforcement of so much of the order entered March 24, 2010, as directed the appellant to turn over for in camera review a signed statement of Robert Krolick and to disclose the names of all of its employees who worked at the subject construction site up to and through the date of the accident is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 10, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 10, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FISHER, J.P., DILLON, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court