Appellate Division: Second Judicial Department

M103561

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

HOWARD MILLER

PLUMMER E. LOTT, JJ.

2010-03608 John Hailey, plaintiff-respondent, v Starrett-1, Inc., et al., appellants, Gairy Rigabine, defendant-respondent. (Index No. 22378/08)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 12, 2010. Separate motion by the plaintiff-respondent, inter alia, to strike stated portions of the appellants' brief on the ground that they refer to matters not properly before the court, and to enlarge the time to serve and file a brief.

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

ORDERED that the motion to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further

ORDERED that the branch of the motion which is strike stated portions of the appellants' brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the plaintiff-respondent's time to serve and file a brief is enlarged until June 28, 2010, and the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the plaintiff-respondent's motion is otherwise denied.

FISHER, J.P., SANTUCCI, MILLER and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court