ANTHONY BERARDI res, v. INCORPORATED VILLAGE OF GARDEN CITY, APPELLANT def — Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered July 27, 2012.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 appeal.

ENG, P.J., RIVERA, DICKERSON and LOTT, JJ., concur.