Biscone v. JetBlue Airways Corp.

Full title: Katherine Biscone, etc., appellant, v. JetBlue Airways Corporation…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Apr 5, 2013

2013 N.Y. Slip Op. 69657 (N.Y. App. Div. 2013)

Opinion

2012-00604 Index No. 700140/10 M154171

04-05-2013

Katherine Biscone, etc., appellant, v. JetBlue Airways Corporation, respondent, et al., defendant.

WILLIAM F. MASTRO

, J.P.

DANIEL D. ANGIOLILLO

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant to modify the award of costs set forth in a decision and order of this Court dated December 26, 2012, which determined an appeal from an order of the Supreme Court, Queens County, dated December 16, 2011, or to stay the award of costs pending determination of an appeal to the Court of Appeals from the order dated December 26, 2012, and to reinstate a stay granted by decision and order on motion of this Court dated February 28, 2012, pending determination of an appeal to the Court of Appeals from the order dated December 26, 2012.

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

ORDERED that the branches of the motion which are to stay the award of costs pending determination of an appeal to the Court of Appeals from the order dated December 26, 2012, and to reinstate a stay granted by decision and order on motion of this Court dated February 28, 2012, pending determination of an appeal to the Court of Appeals from the order dated December 26, 2012, are denied as academic; and it is further,

ORDERED that the motion otherwise denied.

MASTRO, J.P., ANGIOLILLO, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court