Appellate Division: Second Judicial Department

M199038

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2015-05280, 2015-06761 Shashawn Obee, plaintiff-respondent, v Luciana Ricotta, appellant, Incorporated Village of Valley Stream, defendant-respondent. (Index No. 601169/13)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from a judgment of the Supreme Court, Nassau County, entered April 21, 2015, and an interlocutory judgment of the same court dated July 17, 2015. Separate motion by the appellant to direct the plaintiff-respondent to file with the clerk of the Supreme Court, Nassau County, all exhibits to plaintiff-respondent's underlying cross motion for summary judgment on liability, and for an award of costs.

Upon the papers filed in support of the motion to stay the trial and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, to direct the plaintiff-respondent to file exhibits and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is to direct the plaintiff-respondent to file exhibits is denied without prejudice to seeking relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the branch of the motion which is for an award of costs is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court