Appellate Division: Second Judicial Department

M113882

J/sl

ANITA R. FLORIO, J.P.

RANDALL T. ENG

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2010-01428, 2010-08685, 2010-09904 Jigar Jamindar, plaintiff-respondent, v Uniondale Union Free School District, et al., defendants third-party plaintiffs, Northgate Electrical, appellant, et al., defendants; Herrick's Mechanical Corporation, third-party defendant-respondent. (Appeal No. 1) Jigar Jamindar, plaintiff-respondent, v Uniondale Union Free School District, et al., defendants third-party plaintiffs, Northgate Electrical Corp., appellant-respondent, et al., defendants; Herrick's Mechanical Corp., third-party defendant-respondent-appellant. (Appeal No. 2) Jigar Jamindar, plaintiff-respondent-appellant, v Uniondale Union Free School District, et al., defendants third-party plaintiffs-appellants-respondents, Irwin Contracting, et al., defendants-respondents -appellants, Northgate Electrical Corp., respondent; Herrick's Mechanical Corp., third-party defendant- respondent-appellant. (Appeal No. 3) (Index No. 7942/08)

DECISION & ORDER ON MOTION

Motion by Jigar Jamindar on an appeal from an order of the Supreme Court, Nassau County, entered December 24, 2009 (Appellate Division Docket No. 2010-01428), and appeals and cross appeals from two orders of the same court entered August 16, 2010, and August 13, 2010 (Appellate Division Docket Nos. 2010-08685 and 2010-09904), respectively, to stay the trial in the above-entitled action pending hearing and determination of the appeals. Applications by Jigar Jamindar and Herrick's Mechanical Corp. to enlarge the time to serve and file their respective briefs in connection with the appeals and cross appeal from the orders entered December 24, 2009, and August 16, 2010 (Appellate Division Docket Nos. 2010-01428 and 2010-08685).

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the applications 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 appeals; and it is further,

ORDERED that the applications are granted; and it is further,

ORDERED that Herrick's Mechanical Corp. shall serve and file an answering brief in connection with the appeals and cross appeal from the orders entered December 24, 2009, and August 16, 2010 (Appellate Division Docket Nos. 2010-01428 and 2010-08685), including its points of argument on its cross appeal (see 22 NYCRR 670.8[c][3]), on or before March 1, 2011; and it is further,

ORDERED that Jigar Jaminder shall serve and file a respondent's brief in connection with the appeals and cross appeal from the orders entered December 24, 2009, and August 16, 2010 (Appellate Division Docket Nos. 2010-01428 and 2010-08685), on or before April 5, 2011.

FLORIO, J.P., ENG, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court