Appellate Division: Second Judicial Department

M103393

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-04222 In the Matter of Progressive Northeastern Insurance Company, petitioner-respondent, v Fatemia S. Richardson, et al., respondents, Gerster & Sons, Inc., et al., appellants. (Index No. 24715/09)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 5, 2010, and to extend the date of the framed issue hearing in the above-entitled proceeding until 30 days after the date of the order determining the appeal.

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

ORDERED that on the court's own motion, the notice of appeal is deemed to be an application for leave to appeal and leave to appeal is granted (see CPLR 5701); and it is further,

ORDERED that the motion is granted to the extent that all proceedings in the above-entitled matter, including the framed issue hearing, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 25, 2010, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 25, 2010, the court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court