Leslie Ann Brody v Propark America

Motion No: M-5926

Slip Opinion No: 2016 NYSlipOp 96066(U)

Decided on December 13, 2016

Appellate Division, First 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.

December 13, 2016

Leslie Ann Brody,

Plaintiff-Respondent,

v

Propark America, Defendant-Appellant,

The City of New York, et al.,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about December 1, 2015, and said appeal having been perfected, And, defendant-appellant having moved to stay trial pending determination of the appeal (M-5857), And, defendant-respondent the City of new York having cross-moved to strike portions of defendant-appellant's brief

or to extend the time to file a respondent's brief (M-5926), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, it is Ordered that defendant-appellant's motion is granted

(M-5857). Defendant-respondent's cross motion is granted to

the extent of, sua sponte, adjourning the perfected appeal to

the February 2017 Term in order to give the City time to file

a respondent's brief (M-5926). ENTERED: December 15, 2016

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Rosalyn H. Richter Sallie Manzanet-Daniels Barbara R. Kapnick, Justices

M-5926

M-5857

Index No. 114480/99