Appellate Division: Second Judicial Department

M137926

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2012-03436 Yue Fung USA Enterprises, Inc., appellant, v Novelty Crystal Corp., respondent. (Index No. 22565/11)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in a matter entitled Novelty Crystal Corp. v Yue Fung USA Enterprises, Inc., pending in the Civil Court of the City of New York, Queens County, under Docket No. 60256/12, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 5, 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 to the extent that all proceedings in the matter entitled Novelty Crystal Corp. v Yue Fung USA Enterprises, Inc., pending in the Civil Court of the City of New York, Queens County, under Docket No. 60256/12, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 18, 2012, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 18, 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.

DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court