Appellate Division: Second Judicial Department

M222281

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-00658 John Sullivan, plaintiff-respondent-appellant, v New York Athletic Club of City of New York, defendant third-party plaintiff-respondent, Talisen Construction Corporation, defendant-respondent- appellant; Premier Woodcraft, Ltd., third-party defendant-appellant-respondent. (Index No. 702984/12)

DECISION & ORDER ON MOTION

2016-07473

John Sullivan, plaintiff-respondent-appellant,

v New York Athletic Club of City of New York,

defendant third-party plaintiff-respondent, Talisen

Construction Corporation, defendant-appellant-

respondent; Premier Woodcraft, Ltd., third-party

defendant-respondent.

(Index No. 702984/12)

Motion by Premier Woodcraft, Ltd., 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, Queens County, entered January 11, 2016, and an appeal and cross appeal from an order of the same court entered June 23, 2016.

Upon the papers filed in support of the motion and the papers filed in relation 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 appeals and cross appeals on condition that the appeal from the order entered June 23, 2016, is perfected on or before January 11, 2017; and it is further,

ORDERED that in the event the appeal from the order entered June 23, 2016, is not perfected on or before January 11, 2017, the Court, on its own motion, may vacate the stay, without further notice.

BALKIN, J.P., HALL, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court