In the Matter of the Application of Help Me See

Motion No: M-6293

Slip Opinion No: 2017 NYSlipOp 64223(U)

Decided on February 14, 2017

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.

February 14, 2017

In the Matter of the Application of

Help Me See, Inc.,

Petitioner-Respondent,

For an Order Pursuant to Article 75

of the Civil Practice Law and Rules v

Wonder Work, Inc., formerly known as

Surgery for the Poor, Inc.,

Respondent-Appellant.

An appeal having been taken from an order and judgment (one paper), of the Supreme Court, New York County, entered on or about December 2, 2016, And respondent-appellant having moved to stay enforcement of the aforesaid judgment pending hearing and determination of the appeal taken therefrom, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied, with leave to renew, upon the vacatur of a bankruptcy stay which resulted from respondent's filing a voluntary Chapter 11 petition in the Southern District of New York.ENTERED: February 14, 2017

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Dianne T. Renwick Richard T. Andrias Marcy L. Kahn Ellen Gesmer,Justices

M-6293

Index No. 655667/16