John Kuzmich et al. v 50 Murray Street Acquisition LLC .

Motion No: M-8483

Slip Opinion No: 2020 NYSlipOp 60190(U)

Decided on January 7, 2020

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.

January 7, 2020

John Kuzmich, et al.,

Plaintiffs-Respondents,

v

50 Murray Street Acquisition LLC,

Defendant-Appellant.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about August 13, 2019, And defendant-appellant having moved for a stay the order and a JHO/Special Referee hearing arising therefrom, pending hearing and determination of the appeal (M-8440), And plaintiffs-respondents having cross-moved to dismiss the appeal (M-8483), 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 (M-8440) for a stay is granted on condition appellant perfects the appeal for the April 2020 Term. The cross motion (M-8483) to dismiss the appeal is denied. Sua Sponte, defendant's timely filed notice of appeal is deemed an application for leave to appeal, and is granted. ENTERED: January 7, 2020

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Barbara R. Kapnick Angela M. Mazzarelli Troy K. Webber,Justices

M-8483

M-8440

Index No. 155266/16