Appellate Division: Second Judicial Department

M203252

E/sl

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2015-10526 Joseph L. Pita, plaintiff-respondent-appellant, v Roosevelt Union Free School District, et al., appellants-respondents, Fortunato Sons Contracting, Inc., defendant-respondent- appellant, et al., defendants. (Index No. 3595/13)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Nassau County, entered September 4, 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 appeal and cross appeals on condition that the appeal is perfected on or before February 1, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 1, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the plaintiff-respondent-appellant may move to vacate the stay, on three days notice; and it is further,

ORDERED that the defendant-respondent-appellant shall serve and file its answering brief, including the points of argument on its cross appeal (see 22 NYCRR 670.8[c][3]), on or before March 2, 2016; and it is further,

ORDERED that the plaintiff-respondent-appellant shall serve and file his answering brief, including the points of argument on his cross appeal (see 22 NYCRR 670.8[c][3]), on or before April 1, 2016.

ORDERED that the parties shall serve and file their reply briefs, if any, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

CHAMBERS, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court