Appellate Division: Second Judicial Department

M169028

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2013-07975 Maria Giresi, etc., plaintiff-respondent, v City of New York, et al., appellants, Rafael A. Eustqio, defendant-respondent. (Index No. 9517/10)

DECISION & ORDER ON MOTION

Motion by the appellants 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 July 10, 2013. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application 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 appeal; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until March 20, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 20, 2014, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

ENG, P.J., BALKIN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court