Appellate Division: Second Judicial Department

M131916

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2011-11896 Ruth Uziel, et al., respondents, v Hyundai Car Leasing, et al., defendants, Nemet Auto Center, appellant. (Index No. 7884/09)

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, Queens County, entered October 18, 2011, and to enlarge the record to include the note of issue, preliminary conference order, and compliance conference order.

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

ORDERED that the motion is granted, the record is enlarged to include the above-referenced material, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 21, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 21, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondents shall serve and file their brief, if any, on or before March 22, 2012.

DILLON, J.P., LEVENTHAL, BELEN and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court