Opinion
Motion No: M-5926
12-13-2016
An appeal having been taken from an order of the Supreme Court, New York County, entered on or about December 1, 2015, and said appeal having been perfected, And, defendant-appellant having moved to stay trial pending determination of the appeal (M-5857), And, defendant-respondent the City of new York having cross-moved to strike portions of defendant-appellant's brief or to extend the time to file a respondent's brief (M-5926), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, it is Ordered that defendant-appellant's motion is granted (M-5857). Defendant-respondent's cross motion is granted to the extent of, sua sponte, adjourning the perfected appeal to the February 2017 Term in order to give the City time to file a respondent's brief (M-5926).
ENTERED: December 15, 2016
_____________________ CLERK
Present: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Rosalyn H. Richter Sallie Manzanet-Daniels Barbara R. Kapnick, Justices
M-5926
M-5857
Index No. 114480/99