Appellate Division: Second Judicial Department

M246809

E/rr

ALAN D. SCHEINKMAN, P.J.

JEFFREY A. COHEN

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-11229 Albert J. Cutler, et al., respondents, v Stella J. Thomas, et al., defendants third-party plaintiffs-appellants; Claude Staley, et al., third-party defendants-respondents, et al., third-party defendant. (Index No. 59436/13)

DECISION & ORDER ON MOTION

Motion by Stella J. Thomas and purportedly by Michael P. Thomas to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated October 4, 2017.

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

ORDERED that the motion insofar as purportedly made by Michael P. Thomas is dismissed, as counsel did not have authority to make a motion on his behalf (see Aurora Bank FSB v Albright, 137 AD3d 1177), and it is further,

ORDERED that the motion is otherwise granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 3, 2018, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 3, 2018, the Court, on its own motion, may vacate the stay, without further notice.

SCHEINKMAN, P.J., COHEN, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court