Appellate Division: Second Judicial Department

M257895

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2018-09677 Donna Baldo, et al., appellants, v George Vandunk, et al., respondents. (Index No. 8791/15)

DECISION & ORDER ON MOTION

2018-13048

Donna Baldo, et al., appellants,

v George Vandunk, et al., respondents.

(Index No. 8791/15)

Motion by the appellants, in effect, to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Orange County, dated June 11, 2018, and September 13, 2018, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated September 13, 2018, is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal from the order dated June 11, 2018, on condition that the appeal from the order dated June 11, 2018, is perfected on or before December 31, 2018; and it is further,

ORDERED that in the event the appeal from the order dated June 11, 2018, is not perfected on or before December 31, 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.

BALKIN, J.P., ROMAN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court