Appellate Division: Second Judicial Department

M195796

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-02723 Patrick J. Minnock, respondent, v 40 Western Scholars, LLC, et al., defendants, Charney-FPG 11441st Street, LLC, defendant third-party/second third-party plaintiff-respondent- appellant; Eurotech Construction Corp., et al., third-party defendants-respondents-appellants; Gannon Vitolo Contracting, LLC, second third-party defendant-appellant-respondent. (Index No. 5962/11)

DECISION & ORDER ON MOTION

Motion by Gannon Vitolo Contracting, LLC, on an appeal and cross appeals from an order of the Supreme Court, Kings County, dated January 7, 2015, to stay the trial in the above-entitled action until 60 days after determination of the appeal and cross appeals. Separate motion by Eurotech Construction Corp., to stay the trial in the above-entitled action pending hearing and determination of the appeal and cross appeals. Separate motion by Excel Interior Construction Corp. to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal and cross appeals.

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

ORDERED that the motion by Eurotech Construction Corp. is granted, the motions by Gannon Vitolo Contracting, LLC, and by Excel Interior Construction Corp. are granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeals, and are otherwise denied, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeals.

RIVERA, J.P., HALL, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court