Fair Price Medical Supply Corp., a/a/o Nivelo v Travelers I

Fair Price Medical Supply Corp., a/a/o Nivelo v Travelers I

Motion No: 2006-02763

Slip Opinion No: 2006 NYSlipOp 75956(U)

Decided on September 18, 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

M44629

O/nl

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-02763
Fair Price Medical Supply Corp., a/a/o Cesar
Nivelo, respondent, v Travelers Indemnity
Company, appellant.
(Index No. 303418/03)

DECISION & ORDER ON MOTION

Motion by New York Insurance Association, and separate motion by American Insurance Association and Property Casualty Insurers Association of America, for leave to file amicus curiae briefs on an appeal, by permission, from an order of Appellate Term Second and Eleventh Judicial Districts, dated August 17, 2005.

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

ORDERED that the motions are granted; and it is further,

ORDERED that the amicus curiae briefs must be served on the parties, and nine copies filed in this court on or before October 4, 2006; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief.

ADAMS, J.P., SKELOS, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court