| East Acupuncture, P.C. a/a/o Arkady Derin, Denis Vassiljev, Stella Martyanova, Leonid Petlakh, Vickran Mohabir, Dora Simcha, Leon Diggs v Allstate Ins. Co. |
| Motion No: 2005-01081 kc 03-03-2006 |
| Slip Opinion No: 2006 NYSlipOp 67703(U) |
| Decided on April 6, 2006 |
| Appellate Term, 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| EAST ACUPUNCTURE, P.C. a/a/o ARKADY DERIN, DENIS VASSILJEV, STELLA MARTYANOVA, LEONID PETLAKH, VICKRAN MOHABIR, DORA SIMCHA, LEON DIGGS, Respondent, -against- ALLSTATE INS. CO., Appellant. |
DECISION
On the court's own motion, motion by plaintiff-respondent returnable on February 22, 2006, motions by defendant-appellant returnable on March 3, 2006 and motion by Acupuncture Society of New York returnable on March 20, 2006 are consolidated for the purpose of disposition.
Motion by plaintiff-respondent returnable on February 22, 2006 to file a response to amicus curiae brief of Howard B. Mills, III, Superintendent of Insurance of the State of New York, denied. Cross motion by defendant-appellant for leave to file a reply and for other relief denied as moot.
Motions by defendant-appellant returnable on March 3, 2006 for leave to have David J. D'Aloia, Esq., appear on its behalf pro hac vice and for other relief denied with leave to renew upon proper papers, including a certificate of conformity. Cross motion by plaintiff-respondent for leave to have an additional attorney appear at oral argument in the event of an appearance by David J. D'Aloia, Esq., and for other relief denied as moot, with leave to renew upon renewal of defendant-appellant's motion.
Motion by Acupuncture Society of New York returnable on March 20, 2006 for leave to submit an amicus curiae brief granted, and said brief shall be served and filed within 21 days of the date of the order hereon. Cross motion by defendant-appellant for leave to file a response to said amicus curiae brief denied.
While the affidavit of David J. D'Aloia, Esq. conforms to the requirements of 22 NYCRR § 520.11 (d) and bears the jurat, signature, and seal of a New Jersey notary public, this court adheres to the rule that in such cases, the affidavit must be accompanied by a certificate of conformity (see CPLR 2309 [c], Real Property Law § 299-a [1]; Citibank (S.D.) N.A. v Suen, 11 Misc 3d 126[A], 2005 NYSlipOp 52262[U] [App Term, 2d & 11th Jud Dists]; Discover Bank v Kagan, 8 Misc 3d 134[A], 2005 NYSlipOp 51171[U] [App Term, 2d & 11th Jud Dists]).