KPMG LLP v Marc S. Kirschner in his capacity as Trustee of the Millennium Corporate

Motion No: M-6797

Slip Opinion No: 2019 NYSlipOp 83926(U)

Decided on November 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.

November 12, 2019

KPMG LLP,

Petitioner-Respondent,

v

Marc S. Kirschner, in his capacity as

Trustee of The Millennium Corporate

Claim Trust and of the Millennium

Lender Claim Trust,

Respondent-Appellant.

Respondent-appellant having moved for a stay of the order of the Supreme Court, New York County, entered on or about August 7, 2019, which, inter alia, compelled arbitration on the issue on arbitrability and for a stay of the arbitration proceedings commenced by petitioner pursuant to said order, pending hearing and determination of the appeal taken therefrom, 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 and the arbitration stayed on the condition the aforementioned appeal is perfected for the March 2020 Term. ENTERED: November 12, 2019

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Jeffrey K. Oing, Justices

M-6797

Index No. 655664/18