Appellate Division: Second Judicial Department

M240903

E/ct

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2017-00397 D. S., an infant by his mother and natural guardian, Mary Walker, et al., plaintiffs-respondents, v Mariano Poliseno, etc., et al., appellants, David H. Fastman, etc., defendant-respondent, et al., defendant. (Index No. 101221/14)

DECISION & ORDER ON MOTION

2017-09339

D. S., an infant by his mother and natural

guardian, Mary Walker, et al., respondents,

v Mariano Poliseno, etc., appellant,

et al., defendants.

(Index No. 101221/14)

Motion by the appellant Mariano Poliseno to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Richmond County, dated November 7, 2016, and June 19, 2017, respectively. Separate motion by the appellants Nisha Lakhi, Natalie Jouve, Rosemarie Seaman, and Richmond University Medical Center to stay all proceedings in the above-entitled action pending hearing and determination of the appeals from the order dated November 7, 2016. Separate motion by the appellant Mariano Poliseno to enlarge the time to perfect the appeals from the order dated November 7, 2016, and to consolidate those appeals with the appeal from the order dated June 19, 2017. Separate motion by the appellants Nisha Lakhi, Natalie Jouve, Rosemarie Seaman, and Richmond University Medical Center to enlarge the time to perfect the appeals from the order dated November 7, 2016.

Upon the papers filed in support of the motion to stay the trial and the papers filed in opposition thereto, and upon the papers filed in support of the other motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to stay the trial is granted and the motion to stay all proceedings is granted to the extent that the trial in the above-entitled action is stayed and is otherwise denied, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals from both orders on condition that the appeals from both orders are perfected on or before December 8, 2017; and it is further,

ORDERED that in the event the appeals are not perfected on or before December 8, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion to enlarge the time perfect the appeals from the order dated November 7, 2016, and the branch of the separate motion for that relief are granted, and the time to perfect the appeals from the order dated November 7, 2016, is enlarged until December 8, 2017; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the order dated November 7, 2016, with the appeal from the order dated June 19, 2017, is granted.

RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court