Elizabeth M. v Alfonse M. .

Motion No: M-1356

Slip Opinion No: 2020 NYSlipOp 66811(U)

Decided on June 4, 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.

June 4, 2020

Elizabeth M.,

Plaintiff-Respondent,

CONFIDENTIAL

v

Alfonse M.,

Defendant-Appellant.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about October 10, 2019,

and defendant-appellant having moved for a stay pending the determination of the appeal (M-8232), And interim relief having been granted by an order of a Justice of this Court, entered on October 25, 2019, staying Supreme Court proceedings and the payment of sanctions, pending the determination of the motion, And an order of this Court having been entered on January 9, 2020 (M-8232) granting defendant-appellant's motion to the extent of continuing the interim stay of Supreme Court proceedings and the payment of sanctions granted by the order of a Justice of this Court on October 25, 2019, and further staying arbitration between the parties, pending hearing and determination of the aforesaid appeal, on condition the appeal was perfected for the May 2020 Term of this Court,And plaintiff-respondent having moved for leave to reargue the aforementioned order of this Court entered January 9, 2020

(M-8232), and upon reargument, to limit the stay to a stay of trial proceedings and the imposition of sanctions, 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 for leave to reargue is granted, and, upon reargument, the order of this Court entered

January 9, 2020 (M-8232) is hereby modified to provide that the relief granted is limited to a stay of the trial in Supreme Court, arbitration and the payment of sanctions, and plaintiff may, inter alia, submit applications to enforce orders previously granted by Supreme Court. ENTERED: June 4, 2020

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Troy K. Webber Cynthia S. Kern Peter H. Moulton,Justices

M-1356

Index No. 301969/17