Appellate Division: Second Judicial Department

M190151

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

BETSY BARROS, JJ.

2013-03598, 2014-03163 Sean Diller, etc., respondent, v Andrei Munzer, etc., et al., defendants, St. Luke's Cornwall Hospital, appellant. (Index No. 2674/11)

DECISION & ORDER ON MOTION

2015-00341, 2015-02103

Sean Diller, et al., appellants, v Andrei

Munzer, etc., et al., defendants, St. Luke's

Cornwall Hospital, respondent.

(Index No. 2674/11)

Motion by the appellant Sean Diller to stay the trial in the above-entitled action pending hearing and determination of appeals from three orders of the Supreme Court, Orange County, dated February 15, 2013, January 28, 2014, and September 11, 2014, respectively, and an order of the same court entered February 17, 2015.

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 the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals from the order dated September 11, 2014, and the order entered February 17, 2015, are perfected on or before May 1, 2015; and it is further,

ORDERED that in the event the appeals from the order dated September 11, 2014, and the order entered February 17, 2015, are not perfected on or before May 1, 2015, the Court, on its own motion, may vacate the stay, without further notice, or St. Luke's Cornwall Hospital may move to vacate the stay, on three days notice.

RIVERA, J.P., DICKERSON, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court