Appellate Division: Second Judicial Department

M216576

E/ct

MARK C. DILLON, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON, JJ.

2015-12248, 2016-01764 Barbara Petillo, appellant, v Paul Maller, et al., respondents. (Index No. 183/13)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Nassau County, entered November 6, 2015, and a judgment of the same court dated December 8, 2015. Separate motion by the respondent Howard Futerman to dismiss the appeals insofar as taken against him as abandoned or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent Howard Futerman and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motion 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 respondent Howard Futerman's motion which is to dismiss the appeals insofar as taken against him is granted and the appeals are dismissed insofar as taken against the respondent Howard Futerman, without costs or disbursements; and it is further,

ORDERED that the respondent Howard Futerman's motion is otherwise denied as academic.

DILLON, J.P., ROMAN, COHEN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court