Fair Price Medical Supply Corp., a/a/o Nivelo v Travelers
Motion No: 2006-02763
Slip Opinion No: 2006 NYSlipOp 76727(U)
Decided on September 28, 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

M45121

S/sl

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

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 18, 2006 , in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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

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

ORDERED that the branch of the motion of New York Insurance Association and the motion of American Insurance Association and Property and Casualty Insurers Association of America which were for leave to serve and file amicus curiae briefs 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 10, 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; and it is further,

ORDERED that the branch of the motion of New York Insurance Association which is for leave to serve and file an addendum to the amicus curiae brief is denied and the amicus curiae brief shall not contain or refer to the proposed addendum.

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

ENTER:

James Edward Pelzer

Clerk of the Court