Appellate Division: Second Judicial Department

M157780

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2012-05914, 2013-05322 Cesar Carrasco, plaintiff-respondent, v Neil J. Weissman, etc., et al., defendants- respondents, NCJ Development, Inc., appellant. (Index No. 18870/08)

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, Kings County, dated April 30, 2013, and, in effect, to calendar that appeal together with an appeal from an order of the same court dated May 22, 2012.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal from the order dated April 30, 2013, is perfected on or before July 11, 2013; and it is further,

ORDERED that in the event the appeal from the order dated April 30, 2013, is not perfected on or before July 11, 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 appeals will be calendared together and will be argued or submitted on the same day.

RIVERA, J.P., SKELOS, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court