Opinion
Motion No: M-6703
03-19-2019
Denise Kingue Bonnaig, Esq., doing business as Denise K. Bonnaig & Associates, Plaintiff-Appellant-Respondent, v. Dr. Hillary C. Walton, Defendant, and BrainPop U, a Division of Anina Management Ltd., and BrainPop.Com, LLC, Defendants-Respondents-Appellants.
An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about March 10, 2015, and said appeal and cross appeal having been perfected, then stayed and removed from this Court's March 2017 calendar based on the death of defendant Dr. Hillary C. Walton, And an order of this Court having been entered on February 21, 2017 (M-6146/M-97), inter alia, denying plaintiff-appellant-respondent's motion to lift the stay of the appeal and cross appeal, and granting defendant-respondent-appellants' cross motion to dismiss to the extent of continuing the stay, without prejudice to the parties seeking additional relief in the Supreme Court pertaining to the death of Dr. Walton, And an order of the Supreme Court, New York County having been entered on or about November 27, 2018, which (1) severed plaintiff's third cause of action against defendant-respondents BrainPop U, a division of Anina Management Ltd. and Brainpop.com, and (2) ordered that the first and second causes of action against Dr. Walton are to remain stayed until such time as an appropriate representative is appointed to the estate, and defendants-respondents having taken an appeal therefrom,And plaintiff-appellant-respondent having moved to lift the stay of the appeal and cross appeal from the order entered March 16, 2015, to restore the appeal and cross appeal to this Court's calendar, and to reschedule oral argument, 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 is granted to the extent that the appeal and cross appeal from the order entered on or about March 10, 2015 order are restored and the Clerk is directed to calendar same for the October 2019 Term. Sua sponte, defendants-respondents-appellants, BrainPop U, a division of Anina Management Ltd. and Brainpop.com, are directed to perfect their appeal from the order entered on or about November 27, 2018 for the October 2019 Term. If so perfected, the Clerk is directed to calendar that appeal with the appeal and cross appeal from the order entered on or about March 10, 2015 for hearing together in said October 2019 term.
ENTERED: March 19, 2019
_____________________ CLERK
Present - Hon. Rolando T. Acosta,Presiding Justice, John W. Sweeny, Jr. Barbara R. Kapnick Marcy L. Kahn,Justices
M-6703
Index No. 110429/11