L.Y.E. Diamonds LTD. E.G.S.D. Diamonds v Gemological Institute of America Inc.

Motion No: M-2399

Slip Opinion No: 2019 NYSlipOp 74667(U)

Decided on July 11, 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.

July 11, 2019

L.Y.E. Diamonds LTD., E.G.S.D. Diamonds

L.T.D., Gregori Elizarow, also known as

Gavriel Yelizarov, Yosef Ylazarov,

Mikhael Ylazarov, Natanel Ylazarov also

known as Nati Yizrov, Plaintiffs-Appellants,

v

Gemological Institute of America, Inc.,

Rapaport USA, Inc., Thomas Moses,

Rappaport Diamond Corporation,

Defendants-Respondents.

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about January 3, 2019 and April 17, 2019,And plaintiffs-appellants having moved, pursuant to CPLR 5704(a), for a stay of trial pending hearing and determination of the aforementioned appeal, Now, upon reading and filing the correspondence received from counsel for plaintiffs-appellants dated May 22, 2019, and an affirmation received from counsel for defendant-respondent Rappaport Diamond Corporation, dated May 15, 2019, and due deliberation having been had thereon, It is ordered that the motion is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: July 11, 2019

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice,David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter,Justices

M-2399

Index No. 151771/16