BERNICE BELLINGTON res, v. JACK M. AMEDURI, ap — Motion by the appellant to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated November 30, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition 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 appeal on condition that the appeal is perfected on or before February 6, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 6, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

DILLON, J.P., ANGIOLILLO, LEVENTHAL and MILLER, JJ., concur.