Appellate Division: Second Judicial Department

M153577

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-02509, 2013-03059 Georgia Dimoulas, et al., appellants, v Javier A. Roca, etc., et al., defendants, New York Hospital Queens, et al., respondents. (Index No. 14397/09)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Queens County, entered January 16, 2013, and an order of the same court, dated March 4, 2013, inter alia, to stay the trial in the above-entitled action pending hearing and determination of the appeal from the order entered January 16, 2013.

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

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

ORDERED that, on the Court's own motion, the stay is granted on the condition that both appeals are perfected on or before April 24, 2013; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 24, 2013, 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 motion is otherwise denied.

SKELOS, J.P., BALKIN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court