Appellate Division: Second Judicial Department

M103464

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2009-10140, 2010-04494 Claudia Abarca, appellant-respondent, v Clark Shoes, respondent-appellant, Macerich Queens Limited Partnership, respondent. (Appeal No. 1) Claudia Abarca, appellant, v Clark Shoes, defendant, Macerich Queens Limited Partnership, respondent. (Appeal No. 2) (Index No. 23455/07)

DECISION & ORDER ON MOTION

Motion by Claudia Abarca to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, entered October 2, 2009 (Appellate Division Docket No. 2009-10140), and an appeal from an order of the same court dated April 23, 2010 (Appellate Division Docket No. 2010-04494).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals and cross appeal on condition that the appeals are perfected on or before July 1, 2010; and it is further,

ORDERED that in the event the appeals are not perfected on or before July 1, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the time to perfect the appeal from the order entered October 2, 2009 (Appellate Division Docket No. 2009-10140), is enlarged until July 1, 2010.

MASTRO, J.P., COVELLO, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court