Appellate Division: Second Judicial Department

M261722

E/mm

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

RUTH C. BALKIN

JOSEPH J. MALTESE, JJ.

2018-13532 Anthony Gambino, plaintiff-respondent, v Frontier Restaurant, Inc., et al., appellants, Concrete Courses of LI, Inc., defendant-respondent. (Index No. 9288/14)

DECISION & ORDER ON MOTION

Motion by the appellants Frontier Restaurant, Inc., and CM & Associates Construction Management, LLC, to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated October 4, 2018.

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

ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before May 9, 2019; and it is further,

ORDERED that in the event the appeals are not perfected on or before May 9, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the plaintiff-respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeals is extended until May 9, 2019, and the joint record or appendix on the appeals and the appellants' respective briefs shall be served and filed on or before that date.

MASTRO, J.P., RIVERA, BALKIN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court