Matter of New York Central Mutual Fire Insurance Company
Motion No: 2005-11640
Slip Opinion No: 2006 NYSlipOp 63001(U)
Decided on February 16, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36065

O/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-11640

In the Matter of New York Central Mutual

Fire Insurance Company, appellant, v

Lawrence Hanwacker Rhode, respondent.

(Index No. 934-04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay arbitration between the parties pending hearing and determination of an appeal from a judgment of the Supreme Court, Suffolk County, dated November 4, 2005.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and arbitration is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 15, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 15, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court