Appellate Division: Second Judicial Department

M254243

E/mm

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-08521 In the Matter of Metro-North Train Accident of February 3, 2015 in the Town of Mount Pleasant, New York. Metro-North Commuter Railroad, et al., appellants; Jill Shiner Vandercar, etc., et al., respondents. (Index No. 64924/15)

DECISION & ORDER ON MOTION

Motion by the appellants Metro-North Commuter Railroad, Metropolitan Transportation Authority, Argent Ventures, LLC, Midtown TDR Ventures, and Steven Smalls, inter alia, to confirm that an automatic stay is in effect with respect to the Metro-North Commuter Railroad and Metropolitan Transportation Authority, staying enforcement of an order of the Supreme Court, Westchester County, dated July 9, 2018, pending hearing and determination of appeals from the order dated July 9, 2018, and to stay enforcement of the order dated July 9, 2018, with respect to Steven Smalls, pending hearing and determination of the appeals from the order dated July 9, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that it is confirmed that an automatic stay is in effect staying enforcement of the order dated July 9, 2018, with respect to Metro-North Commuter Railroad and Metropolitan Transportation Authority pending hearing and determination of the appeals from the order and enforcement of the order is stayed with respect to Steven Smalls pending hearing and determination of the appeals, and the motion is otherwise denied; and it is further,

ORDERED that the appellants shall perfect the appeals on or before September 13, 2018; and it is further,

ORDERED that in the event the appeals are not perfected on or before September 13, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that on the Court's own motion, the copy of the settlement agreement which was filed under seal with the motion papers shall remain sealed, and when perfecting the appeals the settlement agreement shall be filed under seal, in a separate volume of the joint record or joint appendix, when perfecting the appeals, for in camera review by the panel of justices hearing the appeals.

CHAMBERS, J.P., BARROS, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court