Biscone v Jetblue Airways Corporation
Motion No: 2012-00604
Slip Opinion No: 2012 NY Slip Op 65511(U)
Decided on February 28, 2012
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M132845

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2012-00604

Katharine Biscone, etc., appellant,

v Jetblue Airways Corporation, respondent,

et al., defendants.

(Index No. 700140/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the respondent from posting on the internet, electronic filing, or otherwise disseminating to the public or third parties her medical and tax records or other confidential materials and information disclosed to the respondent's attorney in discovery, including her date of birth, residence address, telephone number, bank account information, credit card information, and social security number, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered December 21, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the respondent is stayed from posting on the internet or otherwise disseminating to the public or third parties the appellant's medical and tax records or other confidential materials and information disclosed to the respondent's attorney in discovery, including her date of birth, residence address, telephone number, bank account information, credit card information, and social security number, or from electronically filing any documents with the Supreme Court, Queens County, that contain such information without marking those documents as secure pursuant to 22 NYCRR 202.5-b(d)(3)(iii), pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 29, 2012, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 29, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., BELEN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court