Appellate Division: Second Judicial Department

M225563

E/sl

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2015-06321 Carmen Pesante, appellant, v Vertical Industrial Development Corp., et al., respondents, et al., defendant (and a third party action). (Index No. 4984/11)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue their prior motion for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated March 27, 2015, which was determined by decision and order of this Court dated August 24, 2016, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal to the Court of Appeals. The prior motion was determined by decision and order on motion of this Court dated December 23, 2016.

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

ORDERED that the motion for leave to reargue is granted, and, upon reargument, so much of the decision and order on motion of this Court dated December 23, 2016, as, in effect, denied the branch of the prior motion which was to stay all proceedings in the above-entitled action pending hearing and determination of the appeal to the Court of Appeals is recalled and vacated, that branch of the motion is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal to the Court of Appeals from the decision and order of this Court dated August 24, 2016.

MASTRO, J.P., HALL, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court