Denise Kingue Bonnaig Esq. doing v Dr. Hillary C. Walton

Motion No: M-97

Slip Opinion No: 2017 NYSlipOp 64731(U)

Decided on February 21, 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 21, 2017

Denise Kingue Bonnaig, Esq., doing

business as Denise K. Bonnaig &

Associates,

Plaintiff-Appellant-Respondent,

v

Dr. Hillary C. Walton,

Defendant,

-and-

BrainPop U, a Division of Anina

Management Ltd., and BrainPop.Com,

LLC,

Defendants-Respondents-Appellants.

An appeal and cross appeal having been taken from an

order of the Supreme Court, New York County, entered on or

about March 10, 2015, and said appeal and cross appeal having

been perfected, then stayed and removed from this Court's March 2017 calendar based on the death of defendant Dr. Hillary C.

Walton, And, plaintiff-appellant-respondent having moved to lift the aforesaid stay of the appeal and cross appeal, to restore them to this Court's calendar and reschedule oral argument (M-6146), And, defendants-respondents-appellants having cross-moved to dismiss the above-named action pursuant to CPLR 1021 or, in the alternative, to continue the stay of the appeal and cross appeal pending substitution for defendant Dr. Hillary C. Walton (M-97),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 plaintiff-appellant-respondent's motion to

lift the stay of the appeal and cross appeal is denied (M-6146). Defendants-respondents-appellants' cross motion is granted only to the extent it seeks to continue the stay, without prejudice

to the parties seeking additional relief in the Supreme Court pertaining to the death of Dr. Hillary C. Walton, and is otherwise denied (M-97). ENTERED: February 21, 2017

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Karla Moskowitz Barbara R. Kapnick Marcy L. Kahn, Justices

M-97

M-6146

Index No. 110429/11