Appellate Division: Second Judicial Department

M116110

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2010-11850 Andis Woodlief, etc., respondent, v Power Fasteners, Inc., appellant. (Index No. 08-25952)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered October 19, 2010, and for a preference in the calendaring of the appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on the appeal until 30 days after a judgment is entered in the above-entitled action.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the application is granted to the extent that the respondent's time to serve and file a brief is enlarged until March 28, 2011, the respondent's brief must be served and filed on or before that date, and the application is otherwise denied.

ANGIOLILLO, J.P., FLORIO, HALL and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court