Graphic Arts Mutual Insurance Company v Pine Bush Cent
Motion No: 2015-11565
Slip Opinion No: 2016 NY Slip Op 72065(U)
Decided on April 29, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M210786

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

BETSY BARROS, JJ.

2015-11565, 2016-03454, 2016-03457

Graphic Arts Mutual Insurance Company,

appellant, v Pine Bush Central School District,

et al., respondents.

(Appeal No. 1)

Graphic Arts Mutual Insurance Company,

respondent, v Pine Bush Central School District,

et al., appellants.

(Appeal Nos. 2, 3)

(Index No. 6304/15)

DECISION & ORDER ON MOTION

Motion by Pine Bush Central School District, Pine Bush Central School District Board of Education, Philip G. Steinberg, Eric Winter, Steve Fisch, and Robert T. Peters to stay all proceedings, including all discovery and the trial, in the above-entitled action and in an action entitled Pine Bush Central School District v Graphic Arts Mutual Insurance Company, pending in the same court under Index No. 5303/15, pending hearing and determination of appeals from three orders of the Supreme Court, Orange County, dated October 15, 2015, February 3, 2016, and March 25, 2016, respectively.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated March 25, 2016, is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,

ORDERED that the motion is granted, and all proceedings, including all discovery and trial, in the action entitled Graphic Arts Mutual Insurance Company v Pine Bush Central School District, pending under Index No. 6304/15, and in the action entitled Pine Bush Central School District v Graphic Arts Mutual Insurance Company, pending under Index No. 5303/15 are stayed pending hearing and determination of the appeals from the orders dated October 15, 2015, and February 3, 2016, on condition that the appeal from the order dated February 3, 2016, is perfected on or before May 31, 2016; and it is further,

ORDERED that in the event the appeal from the order dated February 3, 2016, is not perfected on or before May 31, 2016, the Court, on its own motion, may vacate the stay, without further notice.

DILLON, J.P., SGROI, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court