Appellate Division: Second Judicial Department

M222460

E/afa

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)

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated December 1, 2016, in the above-entitled action is recalled and vacated, and the following decision and order on motion is substituted therefor:

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, and to calendar the appeals and cross appeals together.

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 it is further,

ORDERED that 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; and it is further,

ORDERED that the appeal and cross appeals from the order entered January 11, 2016, will be calendared together with the appeal and cross appeal from the order entered June 23, 2016, and the appeals and cross appeals will be argued or submitted on the same date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court