In Re New York Diet Drug Litigation v WyethAyerst Laboratories a Division of American Home Products Corp.

Motion No: M-3690

Slip Opinion No: 2019 NYSlipOp 79611(U)

Decided on September 17, 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.

September 17, 2019

In Re: New York Diet Drug Litigation

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Clara Appel-Hole, et al.,

Intervenor-Plaintiffs-Appellants,

v

Wyeth-Ayerst Laboratories, a Division

of American Home Products Corp.,

et al.,

Intervenors-Defendants-Respondents.

- - - - - - - - - - - - - - -

[And other actions.]

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about June 25, 2019, and intervenor plaintiffs-appellants having moved for a stay of all proceedings in this matter pending hearing and determination of the appeal taken therefrom, And an interim order having been issued by this Court, dated July 25, 2019, staying all proceedings in this matter, other than conferences before the Supreme Court, pending the determination of the within motion, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,It is ordered that the motion is granted only to the extent of staying the subject depositions, on condition the appeal is

perfected for the January 2020 Term. The interim stay granted by the order of a Justice of this Court dated July 25, 2019, is vacated except to the forgoing extent. ENTERED: September 17, 2019

_____________________ CLERK

Present - Hon. Angela M. Mazzarelli,Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern,Justices

M-3690

Index No. 105122/09