Appellate Division: Second Judicial Department

M108963

E/sl

FRED T. SANTUCCI, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-08482 Jo-Ann Zaccarelli, respondent-appellant, v Salvatore Gracchi, appellant-respondent. (Index No. 18042/08)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent 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, Nassau County, entered July 14, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 appeal and cross appeal on condition that the appeal is perfected on or before October 28, 2010, and the joint record or appendix and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 28, 2010, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice.

SANTUCCI, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court