Appellate Division: Second Judicial Department

M214415

E/afa

THOMAS A. DICKERSON, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-05148 Cesareo Teran, plaintiff, v Frederick Ast, respondent, Louis Lasky Memorial Medical and Dental Center, appellant. (Index No. 30119/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, entered May 17, 2016, pending hearing and determination of an appeal therefrom, to direct that documents "inadvertently provided" to the respondent be returned to it, and to preclude the respondent from using the information contained in those documents.

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 branch of the motion which is to stay enforcement of the order entered May 17, 2016, 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 August 8, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 8, 2016, 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 without prejudice to seeking appropriate relief in the Supreme Court, Queens County.

DICKERSON, J.P., MILLER, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court