Appellate Division: Second Judicial Department

M142318

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

RANDALL T. ENG

JEFFREY A. COHEN, JJ.

2012-06107 Amparo Caruso, et al., plaintiff-respondent, v Barnard College, defendant third-party plaintiff- appellant-respondent; Cintas Corporation, third-party defendant-respondent-appellant. (Index No. 101743/09)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent-appellant 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, Kings County, dated June 7, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition and 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 appeal and cross appeal on condition that the third-party defendant-respondent-appellant serves and files its answering brief, including its points of argument on the cross appeal, on or before September 4, 2012; and it is further,

ORDERED that in the event the third-party defendant-respondent-appellant's brief is not served and filed on or before September 4, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the plaintiff-respondent may move to vacate the stay, on three days notice.

DILLON, J.P., FLORIO, ENG and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court