Franco Belli Plumbing & Heating v Citnalta Construction Corp. et al. .

Motion No: M-615

Slip Opinion No: 2019 NYSlipOp 65057(U)

Decided on March 12, 2019

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.

March 12, 2019

Franco Belli Plumbing & Heating

& Sons, Inc.,

Plaintiff-Respondent,

v

Citnalta Construction Corp., et al.,

Defendants-Appellants.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about November 30, 2018, And defendants-appellants having moved, pursuant to CPLR 5519(c), for a stay of enforcement of the order, including the hearing on attorneys' fees before a special referee, scheduled for March 14, 2019, pending hearing and determination of the aforesaid appeal (M-390), And plaintiff-respondent having cross-moved for dismissal of the appeal as taken from a non-appealable decision (M-615), 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 the motion is granted and enforcement of the order appealed is stayed on condition the appeal is perfected on or before July 8, 2019 for the September 2019 Term. The cross motion is denied. ENTERED: March 12, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Dianne T. Renwick Judith J. Gische Marcy L. Kahn Cynthia S. Kern,Justices

M-615

M-390

Index No. 107725/11