Appellate Division: Second Judicial Department

M150667

E/mv

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-00587 Suk Cho Kim, appellant, v Eun Jung Kim, respondent. (Index No. 15362/10)

DECISION & ORDER ON MOTION

Motion by Suk Cho Kim for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated January 3, 2013, and to stay the portion of the trial in the above-entitled action involving the testimony of Dr. Joseph Weinreb pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701), and the motion papers are deemed to be a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is to stay the portion of the trial in the above-entitled action involving the testimony of Dr. Joseph Weinreb is granted, and that portion of the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 4, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 4, 2013, 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., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court