Yoram F. v Bat-El Yishay F.

Motion No: M-3330

Slip Opinion No: 2017 NYSlipOp 85496(U)

Decided on September 6, 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.

September 6, 2017

Yoram F.,

Plaintiff-Appellant, CONFIDENTIAL

v

Bat-El Yishay F.,

Defendant-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about April 11, 2017, And plaintiff-appellant having moved for an order to stay execution of the aforesaid order pending determination of the appeal (M-3040), And defendant-respondent having cross-moved for an order directing plaintiff-appellant to pay all current fees accruing for the storage of the parties' embryo during any period during which the Supreme Court's April 11, 2017 order is stayed

(M-3330), 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's motion for a stay is granted on condition that the appeal is heard in the December 2017 Term of this Court (M-3040). The cross motion is denied (M-3330). ENTERED: September 6, 2017

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Karla Moskowitz Troy K. Webber, Justices

M-3330

M-3040

Index No. 309125/13