Appellate Division: Second Judicial Department

M154836

J/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2013-01577 Michael Desena, et al., plaintiffs-respondents- appellants, v North Shore Hebrew Academy, et al., defendants/second third-party plaintiffs-appellants- respondents; G.I.C. Construction Company, second third-party defendant/third third-party plaintiff-respondent- appellant; Carlo Lizza & Sons, Inc., et al., third third-party defendants/fourth third-party plaintiffs-respondents-appellants Corinthian Cast Stone, Inc., fourth third-party defendant- respondent-appellant. (Action No. 1) Michael Desena, et al., plaintiffs-respondents-appellants, v NSHA Construction Corp., defendant third-party plaintiff-appellant-respondent; G.I.C. Construction Company, third-party defendant/second third-party plaintiff-respondent-appellant; Carlo Lizza & Sons, Inc., et al., second third-party defendants- respondents-appellants. (Action No. 2) (Index Nos. 9475/06, 4352/07)

DECISION & ORDER ON MOTION ;

Motion by Carlo Lizza & Sons, Inc., and Carlo Lizza & Sons Paving, Inc., to stay the trial in the above-entitled actions pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Nassau County, dated December 13, 2012.

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 actions is stayed pending hearing and determination of the appeal and cross appeals.

DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court