Opinion
Motion No. 2023-02843 Index No. 655755/21Case No. 2022-04536
08-10-2023
Spirit Airlines, Inc.,Plaintiff-Appellant, v. American Home Assurance Company, Defendant-Respondent.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Ellen Gesmer, Saliann Scarpulla Manuel J. Mendez Martin Shulman John R. Higgitt, Justice Presiding, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about September 13, 2022, and said appeal having been perfected, And plaintiff-appellant having moved for an extension of time in which to perfect the aforesaid appeal, or in the alternative, to stay the appeal pending the determination by the Court of Appeals of Consolidated Rest. Operations, Inc. v Westport Ins. Corp. (205 A.D.3d 76 [1st Dept 2022], lv granted 39 N.Y.3d 943 [2022]), 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 denied as academic. The perfected appeal is, sua sponte, adjourned to the February 2024 Term of this Court.