Appellate Division: Second Judicial Department

M182953

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2014-08497 Jesus Ibarra, et al., respondents, v 101 Park Restaurant Corp., et al., appellants. (Index No. 23350/12)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, entered August 6, 2014, to amend stated portions of a decision and order on motion of this Court dated September 30, 2014, which stayed all proceedings in the above-entitled action pending hearing and determination of the appeal on condition that the appeal was perfected on or before October 30, 2014.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED so much of the order as conditioned the stay upon the perfection of the appeal by October 30, 2014, is amended by deleting from the decision and order on motion of this Court dated September 30, 2014, the date "October 30, 2014," and substituting therefor the date "January 2, 2015"; and it is further,

ORDERED that the stay of all proceedings is modified to the extent that the parties may pursue settlement negotiations, the parties may seek review and approval from the Supreme Court, Queens County, of any settlement reached by them pursuant to CPLR article 9, and the Supreme Court, Queens County, may approve or take any appropriate action with respect to the settlement pursuant to CPLR article 9.

RIVERA, J.P., HALL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court