Appellate Division: Second Judicial Department

M145485

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

L. PRISCILLA HALL, JJ.

2010-08186, 2010-11021, 2011-06018 Capstone Enterprises of Port Chester, Inc., plaintiff fourth-party defendant-appellant, v Board of Education Irvington Union Free School District, defendant; Peter Gisolfi Associates, fourth-party plaintiff-respondent (and other titles). (Appeal No. 1) Capstone Enterprises of Port Chester, Inc., plaintiff-appellant, v Board of Education Irvington Union Free School District, defendant third-party plaintiff; Peter Gisolfi Associates, et al., third-party defendants, JMOA Engineering, P.C., third-party defendant-respondent (and other titles). (Appeal No. 2) Capstone Enterprises of Port Chester, Inc., plaintiff, v Board of Education Irvington Union Free School District, defendant third-party plaintiff-respondent; Peter Gisolfi Associates, third-party defendant/fourth-party plaintiff/ fifth-party plaintiff-appellant, JMOA Engineering, P.C., et al., third-party defendants-respondents; Goldman Copeland Associates, fifth-party defendant-respondent (and other titles). (Appeal No. 3) (Index No. 11913/05)

DECISION & ORDER ON MOTION

Motion by Peter Gisolfi Associates to stay the trial in the above-entitled action pending hearing and determination of appeals from three orders of the Supreme Court, Westchester County, dated May 6, 2010, October 27, 2010, and April 21, 2011, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 appeals.

SKELOS, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court