David Kirsch on behalf of himself v the Padded Wagon Inc. .

Motion No: M-436

Slip Opinion No: 2019 NYSlipOp 65835(U)

Decided on March 21, 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 21, 2019

David Kirsch, on behalf of himself

and all others similarly situated,

Plaintiff-Respondent,

v

The Padded Wagon, Inc.,

Defendant-Appellant.

Defendant-appellant having moved for a stay of discovery pending hearing and determination of the appeal taken from the order of the Supreme Court, Bronx County, entered on or about June 4, 2018, and for an order permitting it to withdraw its supplementary response to plaintiff's Interrogatory Number 5

(M-184), And plaintiff-respondent having cross moved for an order dismissing the appeal as untimely filed and for the imposition of attorney's fees and costs against defendant-appellant (M-436), 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 and cross motion (M-184/M-436) are denied and the interim relief granted by an order of a Justice of this Court, dated January 11, 2019, is hereby vacated. ENTERED: March 21, 2019

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Presiding Justice, Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom Peter H. Moulton,Justices

M-436

M-184

Index No. 24671/16E