Appellate Division: Second Judicial Department

M277550

E/sl

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2021-02223 Fred LoCastro, respondent, v City of New York, defendant, Zwicker Electric Co., defendant- respondent-appellant, Jacobs Engineering New York, defendant third-party plaintiff-appellant-respondent; Delric Construction Co., Inc., third-party defendant- respondent-appellant. (Index No. 150268/2013)

DECISION & ORDER ON MOTION Inc.,

Appeal and cross appeals from an order of the Supreme Court, Richmond County, dated February 24, 2021. Motion by Jacobs Engineering New York, Inc., and separate motion by Delric Construction Co., Inc., to stay the trial in the above-entitled action, pending hearing and determination of the appeal and cross appeals.

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

ORDERED that the motions are granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeals on condition that Jacobs Engineering New York, Inc. perfect its appeal on or before July 12, 2021; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 12, 2021, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court