Opinion
Motion Nos. 2023-02103 2023-02188 Index No. 153147/13 Case No. 2023-02197
06-06-2023
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Ellen Gesmer Tanya R. Kennedy Saliann Scarpulla Julio Rodriguez III, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about April 06, 2023,
And defendant-appellant having moved to stay the aforesaid order pending hearing and determination of the appeal taken therefrom (Motion No. 2023-02103), And plaintiff-respondent having moved to dismiss the appeal and vacate the temporary stay granted by order of a Justice of this Court, dated May 08, 2023, pending hearing and determination of defendant-appellant's instant motion for a stay (Motion No. 2023-02188), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is ordered that defendant-appellant's motion is denied (Motion No. 2023-02103) and, It is further ordered that plaintiff-respondent's motion is granted only to the extent of vacating the temporary stay issued by order of a Justice of this Court, dated May 08, 2023, and otherwise the motion is denied (Motion No. 2023-02188).