Matter of Konig v Wordpress.com
Motion No: 2012-10814
Slip Opinion No: 2013 NY Slip Op 65806(U)
Decided on February 27, 2013
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

M152094

T/nl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-10814

In the Matter of Susan Konig, et al.,

petitioners-respondent, v Wordpress.com,

respondent; Q-Tip, intervenor-appellant.

(Index No. 61390/12)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to stay enforcement of an order of the Supreme Court, Westchester County, dated October 12, 2012, pending hearing and determination of an appeal therefrom.

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

ORDERED that the branch of the motion which is, in effect, to stay enforcement of the order pending hearing and determination of the appeal is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 28, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 28, 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; and it is further,

ORDERED that the motion is otherwise denied.

DICKERSON, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court