Appellate Division: Second Judicial Department

M115712

E/sl

A. GAIL PRUDENTI, P.J.

RANDALL T. ENG

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2011-00724 Antonio Silva, respondent, v FC Beekman Associates, LLC, et al., defendants third-party plaintiffs-appellants-respondents; Gotham Safety Services Corp., third-party defendants- respondents-appellants. (Index No. 28984/07)

DECISION & ORDER ON MOTION

ORDERED that on the Court's own motion, the decision and order on motion of this Court dated February 15, 2011, is recalled and vacated, and the following decision and order on motion is substituted therefor:

2011-00724 DECISION & ORDER ON MOTION

Antonio Silva, respondent, v FC Beekman

Associates, LLC, et al., defendants third-party

plaintiffs-appellants-respondents; Gotham Safety

Services Corp., third-party defendants-

respondents-appellants.

(Index No. 28984/07)

Motion by the defendants third-party plaintiffs-appellants-respondents, inter alia, 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, Queens County, entered January 4, 2011.

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

ORDERED that the branch of the motion which is to stay the trial pending hearing and determination of the appeal and cross appeal 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 March 18, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 18, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., ENG, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court