____________________________________

LILYAN W. HOGLE,

Plaintiff,

vs INDEX #H-09154

WOMEN'S CHRISTIAN ASSOCIATION HOME,

Defendant.

____________________________________

JAMES J. MORAN, P.C.

(Michael D. Braisted, Esq.

of Counsel) for

Plaintiff

GIBSON, McASKILL & CROSBY

(Mitchell M. Stenger, Esq.

of Counsel) for

Defendant

DECISION AND ORDER

GERACE, J.

The Court granted plaintiff's motion for mistrial.

Defendant requests a stay pending appeal. The request

is denied. We are dealing with a 93 year old plaintiff.

Counsel are hereby ordered to draw a jury December

8, 1995.

This is the Decision and Order of this Court.

Date: October , 1995

Mayville, New York

______________________________

JOSEPH GERACE

Supreme Court Justice

To all Counsel:

Please take notice that a DECISION and ORDER of

which the within is a copy, is duly granted in the above

entitled action on the day of October, 1995, and

duly entered in the office of the Clerk of the County of

Chautauqua on the same date.