Appellate Division: Second Judicial Department

M297318

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2023-08454 Oluwafemi Adesina, respondent, v Children's Village, appellant. (Index No. 62624/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated July 24, 2023. Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of the appeal. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record containing certain material.

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

ORDERED that the motion by the appellant is denied; and it is further,

ORDERED that the motion by the respondent is held in abeyance, and the matter is referred to the Supreme Court, Westchester County, to report on whether it considered the psychiatric evaluation reports, intake and consents, individualized education program, incident reports, academic reports, court records, and treatment planning records of "Francis" in connection with the motion for summary judgment that was determined by the order dated July 24, 2023, and the Supreme Court Westchester County, shall file its report with this Court with all convenient speed.

DUFFY, J.P., MILLER, DOWLING and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court