Crown Wisteria Inc. v Fiona Madeline Cibani et al. /

Motion No: M-7665

Slip Opinion No: 2019 NYSlipOp 83565(U)

Decided on October 31, 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.

October 31, 2019

Crown Wisteria, Inc.,

Plaintiff-Appellant-Respondent/

Plaintiff-Appellant,

v

Fiona Madeline Cibani, et al.,

Defendant-Respondent-Appellant/

Defendant-Respondent.

An appeal and cross appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about January 22, 2019, and said appeal and cross appeal having been perfected (Case No. 2019-00479),And a separate appeal having been taken to this Court by plaintiff from the order of said Court entered on or about September 29, 2019, And plaintiff Crown Wisteria, Inc. having moved for a stay of trial pending hearing and determination of the appeal and cross appeal, for adjournment of the trial date, and for recusal of the judge currently assigned to try the case, 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 denied, and the interim stay granted by an order of a Justice of this Court, dated September 27, 2019, is vacated. ENTERED: October 31, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Angela M. Mazzarelli Jeffrey K. Oing,Justices

M-7665

Index No. 651307/18