Appellate Division: Second Judicial Department

M183973

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2014-10713 Juana Santana, respondent, v Western Beef Retail, Inc., doing business as Western Beef Supermarket, appellant. (Index No. 12510/12)

DECISION & ORDER ON MOTION

Motion by Western Beef Retail, Inc., doing business as Western Beef Supermarket, for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated November 12, 2014, to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.

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 for leave to appeal to this Court from the order dated November 12, 2014, is granted; and it is further,

ORDERED that the branch of the motion which is to stay the trial on the issue of damages is granted, and the trial on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 7, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 7, 2015, 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.

DILLON, J.P., BALKIN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court