Appellate Division: Second Judicial Department

M102442

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2008-09554, 2010-03125 Elsayed Eldoh, plaintiff-respondent, v Astoria Generating Company, L.P., et al., defendants third-party/second third-party plaintiffs-appellants, AAR Power Services, Inc., defendant-appellant, AAR Engine Components Services, defendant/third-party defendant-appellant, et al., third-party/second third-party defendants. (Index No. 2984/04)

DECISION & ORDER ON MOTION

Separate appeals by Astoria Generating Company, L.P., Orion Power Holdings, Inc., Orion Power New York G.P. II, Inc., Reliant Resources, Inc., and Reliant Energy, Inc., and by AAR Power Services, Inc., and AAR Engine Components Services from two orders of the Supreme Court, Kings County, dated September 2, 2008 (Appellate Division Docket No. 2008-09554), and March 2, 2010 (Appellate Division Docket No. 2010-03125). By order to show cause dated March 31, 2010, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals from the order dated September 2, 2008, on the ground that the appeals had been rendered academic by the order dated March 2, 2010, which determined motions to renew the motions that were determined by the order dated September 2, 2008. Separate motions by the appellants Astoria Generating Company, L.P., Orion Power Holdings, Inc., Orion Power New York G.P. II, Inc., Reliant Resources, Inc., and Reliant Energy, Inc., and the appellants AAR Power Services, Inc., and AAR Engine Components Services to stay the trial in the above- entitled action pending hearing and determination of the appeals, and to enlarge their time to perfect their appeals from the order dated September 2, 2008.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeals from the order dated September 2, 2008 (Appellate Division Docket No. 2008-09554), is denied; and it is further,

ORDERED that the motions to stay the trial in the above-entitled action pending hearing and determination of the appeals, and to enlarge the time to perfect the appeals from the order dated September 2, 2008 (Appellate Division Docket No. 2008-09554), are granted; and it is further,

ORDERED that the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before June 7, 2010; and it is further,

ORDERED that in the event the appeals are not perfected on or before June 7, 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 appellants' time to perfect the appeals is enlarged until June 7, 2010, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.

MASTRO, J.P., MILLER, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court