Appellate Division: Second Judicial Department

M201189

E/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2015-09677 Robert G. Scharf, et al., respondents, v Elizabeth Bannister, appellant-respondent, Richard W. Van Houten, et al., respondents- appellants. (Action No. 1) Richard W. Van Houten, plaintiff-respondent, v Robert G. Scharf, defendant-respondent, Elizabeth Bannister, appellant. (Action No. 2) (Index No. 5162/13)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 30, 2015, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant-respondent to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered August 20, 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 to the extent that 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 November 30, 2015, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 30, 2015, the Court, on its own motion, may vacate the stay, without further notice, or the respondents or plaintiff-respondent may move to vacate the stay, on three days notice.

DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court