| D. v Best Prep Academy, Inc. |
| Motion No: 2017-11442 |
| Slip Opinion No: 2018 NY Slip Op 66025(U) |
| Decided on March 6, 2018 |
| 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. |
Appellate Division: Second Judicial Department
M246994
E/afa
MARK C. DILLON, J.P.
SANDRA L. SGROI
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2017-11442 A. D., etc., respondent, v Best Prep Academy, Inc., appellant. (Index No. 7973/14)
| DECISION & ORDER ON MOTION |
Motion by Best Prep Academy, Inc., pursuant to CPLR 2001 to amend a notice of appeal from an order of the Supreme Court, Queens County, entered August 31, 2017, to reflect that it is the proper party appellant, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to amend the notice of appeal is granted, and the notice of appeal is amended to reflect that Best Prep Academy, Inc., is the proper party appellant (see Matter of Tagliaferri, 1 NY3d 605; CPLR 2001); and it is further,
ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action pending hearing and determination of the appeal is denied.
DILLON, J.P., SGROI, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court