Opinion
Motion No: M-5685
04-09-2019
Plaintiff-appellant having moved for leave to appeal to this Court from the decision and order of the Appellate Term, First Department, entered in the office of the Clerk of the Supreme Court, New York County, on or about June 11, 2018, and for a stay of the dismissal of the complaint in the Civil Court proceeding under Index number 27235/15, and the entry or enforcement of any judgment therein, pending the hearing and determination of the motion and any subsequent appeal, And interim relief having been granted by an order of a Justice of this Court, dated November 26, 2018, to the extent of staying the dismissal of the complaint pending the determination of the motion, 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 for leave to appeal is granted. Appellant shall file a copy of the informational statement, pursuant to section 1250.3(a) of the Practice Rules of the Appellate Division, and a copy of this order, with the Clerk of the Appellate Term, with proof of service, pursuant to section 1250.14(f) of the Practice Rules of the Appellate Division. The interim stay previously granted by a Justice of this Court on November 26, 2018, is continued pending the hearing and determination of the appeal.
ENTERED: April 9, 2019
_____________________ CLERK
Present - Hon. Rolando T. Acosta,Presiding Justice, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Jeffrey K. Oing, Justices
M-5685
Index No. 570293/17