Appellate Division: Second Judicial Department

M287091

AFA/

FRANCESCA E. CONNOLLY, J.P.

ANGELA G. IANNACCI

LARA J. GENOVESI

JANICE A. TAYLOR, JJ.

2022-04061 Alice Cerullo, respondent, v City of New York, et al., defendants, Juan Valdez, appellant. (Index No. 710339/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated May 20, 2022. Motion by the appellant to stay enforcement of the order, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and enforcement of the order is stayed, including so much of the order as, in effect, permits the disbursement of funds held in escrow by Manfredi Law Group, PLLC, concerning the above-entitled action, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 1, 2023; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 1, 2023, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal is extended, and on or before March 1, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., IANNACCI, GENOVESI and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court