| Matter of Stemmler v Axel Spring and Brake, Inc. |
| Motion No: 2018-14563 |
| Slip Opinion No: 2019 NY Slip Op 60420(U) |
| Decided on January 9, 2019 |
| 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
M259033
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2018-14563 In the Matter of Fran Stemmler, etc., et al., appellants, v Axel Spring and Brake, Inc., et al., respondents. (Index No. 705661/17)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Queens County, entered November 29, 2018, pending hearing and determination of an appeal therefrom, and, in effect, for a preference in the calendaring 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 stay enforcement of the order entered November 29, 2018, is denied; and it is further,
ORDERED that the branch of the motion which is, in effect, for a preference in the calendaring of the appeal is granted and the appeal will be calendared expeditiously after all of the briefs have been filed.
MASTRO, J.P., AUSTIN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court