Conenna v Century 21 Department Stores, LLC
Motion No: 2016-11845
Slip Opinion No: 2016 NY Slip Op 94615(U)
Decided on December 16, 2016
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

M223142

E/sl

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2016-11845

Rosa Marie Conenna, respondent,

v Century 21 Department Stores, LLC,

appellant.

(Index No. 22293/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the retrial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 13, 2016.

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

ORDERED that the motion is granted, and the retrial 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 13, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 13, 2017, 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.

CHAMBERS, J.P., COHEN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court