Appellate Division: Second Judicial Department

M244784

E/rr

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2017-13190 Jose Villata, plaintiff-respondent, v Jerry Kokkinos, et al., defendants- respondents, et al., defendants; Kaufman Dolowich & Voluck, LLP, nonparty-appellant; Dimitrios Komninos, nonparty-respondent. (Index No. 2022/16)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 26, 2017, and for a preference in the calendaring of the appeal.

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

ORDERED that the branch of the motion which is to stay all proceedings is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 20, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 20, 2018, 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 is otherwise denied.

RIVERA, J.P., MILLER, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court