| Biscone v JetBlue Airways Corporation |
| Motion No: 2012-00604 |
| Slip Opinion No: 2013 NY Slip Op 69657(U) |
| Decided on April 5, 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. |
Appellate Division: Second Judicial Department
M154171
E/sl
WILLIAM F. MASTRO, J.P.
DANIEL D. ANGIOLILLO
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2012-00604 Katherine Biscone, etc., appellant, v JetBlue Airways Corporation, respondent, et al., defendant.
(Index No. 700140/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to modify the award of costs set forth in a decision and order of this Court dated December 26, 2012, which determined an appeal from an order of the Supreme Court, Queens County, dated December 16, 2011, or to stay the award of costs pending determination of an appeal to the Court of Appeals from the order dated December 26, 2012, and to reinstate a stay granted by decision and order on motion of this Court dated February 28, 2012, pending determination of an appeal to the Court of Appeals from the order dated December 26, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to stay the award of costs pending determination of an appeal to the Court of Appeals from the order dated December 26, 2012, and to reinstate a stay granted by decision and order on motion of this Court dated February 28, 2012, pending determination of an appeal to the Court of Appeals from the order dated December 26, 2012, are denied as academic; and it is further,
ORDERED that the motion otherwise denied.
MASTRO, J.P., ANGIOLILLO, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court