Eileen Baez individually and as v 1749 Grand Concourse LLC and Lemele &

Motion No: M-1079

Slip Opinion No: 2019 NYSlipOp 66229(U)

Decided on March 26, 2019

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

March 26, 2019

Eileen Baez, individually and as

Administratrix of the Estate of Joseph

Ryan and The Estate of Joseph Ryan,

Plaintiffs-Respondents-Appellants,

v

1749 Grand Concourse LLC and Lemele &

Wolff, Inc.,

Defendants-Appellants-Respondents,

Lemle Realty Corporation, et al., Defendants,

Municipal Inspection Corporation,

Defendant-Respondent,

-and-

Dunwell Elevator Electrical

Industries, Inc.,

Defendant-Respondent-Appellant.

An appeal and cross appeals having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about September 27, 2018, and the direct appeal taken by defendants-appellants-respondents, 1749 Grand Concourse LLC and Lemele & Wolff, Inc., and the cross appeal taken by defendant-respondent-appellant, Dunwell Elevator Electrical Industries, Inc., having been perfected, And plaintiffs-respondents-appellants having moved for an enlargement of time to perfect their cross appeal pending a decision by the trial court on competing reargument motions, and for an enlargement of time to respond to the perfected direct

appeal taken by defendants-appellants-respondents 1749 Grand Concourse LLC and Lemele & Wolff, Inc., and the perfected cross appeal taken by defendant-respondent-appellant Dunwell Elevator Electrical Industries, Inc. (M-1078), And defendants-appellants-respondents, 1749 Grand Concourse LLC and Lemele & Wolff, Inc., having cross-moved for a stay of trial pending hearing and determination of the appeal and cross appeals (M-1079), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion (M-1078) is granted to the extent of enlarging the time of plaintiff-respondents-appellants to perfect their cross appeal to the September 2019 Term, to which Term the perfected direct appeal taken by defendants-appellants-respondents 1749 Grand Concourse LLC and Lemele & Wolff, Inc., and the perfected cross appeal taken by defendant-respondent-appellant, Dunwell Elevator Electrical Industries, Inc., are adjourned, and it is further, Ordered that the cross motion (M-1079) is granted to the extent of staying the trial pending hearing and determination of the appeal and cross appeals.ENTERED: March 26, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Rosalyn H. Richter Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing,Justices

M-1079

M-1078

Index No. 309276/11