| CD Kobsons, Inc. v Cho, Hyemi, et al. |
| Motion No: 570941/07 |
| Slip Opinion No: 2008 NYSlipOp 62749(U) |
| Decided on February 4, 2008 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
February 4, 2008
CD Kobsons, Inc. v Cho, Hyemi, et al.
It is Ordered that the motion for a stay of the attorney's fee hearing is granted on condition that the appeal is perfected by no later than the May 2008 term. In the event of appellant's failure to comply with the foregoing condition, the respondents may move on five days' notice for an order vacating the stay of the hearing. The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. (See CPLR § 2215) The Court notes that the respondents may raise the issue of whether the order is appealable in the answering briefs on the appeal.
By: Davis, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570941/07