Appellate Division: Second Judicial Department

M190890

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2015-01257 John Palomeque, et al., plaintiffs-respondents, v Capital Improvement Services, LLC, defendant third-party plaintiff-respondent-appellant, Metro Waterworks, Inc., defendant second third-part plaintiff-appellant-respondent; Konsker Electric Corp third-party/second third-party defendant-respondent. (Index No. 20340/10)

DECISION & ORDER ON MOTION y .,

Motion by Metro Waterworks, Inc., inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered November 24, 2014.

Upon the papers filed in support of the motion and the papers filed in relation 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 cross appeal on condition that the appeal is perfected on or before May 18, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 18, 2015, the Court, on its own motion, may vacate the stay, without further notice, or any party may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BALKIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court