Appellate Division: Second Judicial Department

M263124

E/mm

WILLIAM F. MASTRO, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2018-04589 Lilia Macancela, etc., et al., plaintiffs-respondents, v Wyckoff Heights Medical Center, defendant third- party plaintiff-respondent, Puneet Basi, defendant-ap et al., defendants; Ramon Cabanas, etc., third-party defendant-appellant. (Index No. 506005/13)

DECISION & ORDER ON MOTION pellant,

Motion by the third-party defendant-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 23, 2018, and for a preference in the calendaring of the appeal. Separate motion by the defendant-appellant to stay the trial in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion by the third-party defendant-appellant which is to stay the trial and the motion by the defendant-appellant for that relief are denied; and it is further,

ORDERED that the branch of the motion by the third-party defendant-appellant which is for a preference in the calendaring of the appeal is granted and the appeal will be calendared expeditiously.

MASTRO, J.P., HINDS-RADIX, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court