Appellate Division: Second Judicial Department

M115707

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2010-10491, 2011-00938 Robinson Duran-Urena, plaintiff, v Ciampa Estates, LLC, defendant third-party plaintiff-respondent, et al., defendant; Sanita Construction Co., Inc., third-party defendant-appellant. (Index No. 12901/07)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant to stay all proceedings in the above-entitled action, including a hearing, inter alia, on the issue of the reasonableness of a prior settlement, pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, entered September 13, 2010, and January 11, 2011, respectively.

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

ORDERED that the motion is granted to the extent that the hearing, inter alia, on the issue of the reasonableness of a prior settlement in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before March 21, 2011, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 21, 2011, the Court, on its own motion, may vacate the stay, or the defendant third-party plaintiff-respondent may move to vacate the stay, on three days notice.

ANGIOLILLO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court