SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., ARONIN and PATTERSON, JJ.

NO. 2004-1300 RI C
GAETANO MAZZA,
a/k/a THOMAS E. MAZZA,

Respondent,

-against-

THOMAS MAZZA, STEPHANIE DEVITO,
TIFFANY DEVITO and ASHLEY MAZZA,

Appellants,

"JOHN DOE" and "JANE DOE",

Undertenants.

DECISON

Motion by appellants for a stay pending appeal is denied.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : ARONIN, J.P., PATTERSON and GOLIA, JJ.

NO. 2004-1444 K C
NEVILLE DAVID,

Respondent,

-against-


THE GUARDIAN LIFE INSURANCE CO.
OF AMERICA and 225 FOURTH COMPANY,

Defendants.

------------------------------------------------------------------------------x

THE GUARDIAN LIFE INSURANCE CO. OF AMERICA,

Third-Party Plaintiff,

-against

HELLMAN CONSTRUCTION CO., INC.,

Third-Party Defendant-Appellant.

DECISION

Motion by third-party defendant-appellant to stay all proceedings including the trial pending determination of the appeal is granted on condition that the appellant perfects the appeal by January 7, 2005; otherwise stay is vacated without further order of this court.