| A.B. Medical Services, PLLC v Liberty Mutual Insurance |
| Motion No: 2006-03455 +2 |
| Slip Opinion No: 2006 NYSlipOp 82021(U) |
| Decided on December 15, 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. |
Appellate Division: Second Judicial Department
M48376
E/sl
ANITA R. FLORIO, J.P.
ROBERT A. SPOLZINO
ROBERT A. LIFSON
JOSEPH COVELLO, JJ.
|
2006-03455 A.B. Medical Services, PLLC, respondent, et al., plaintiffs, v Liberty Mutual Insurance Company, appellant. (Appeal No. 1) (Index No. 81573/03) 2006-06139 New York University Hospital Rusk Institute, etc., et al., respondents, v Government Employees Insurance Company, appellant. (Appeal No. 2) (Index No. 3312/05) 2006-08388 A.B. Medical Services, PLLC, etc., respondent, v GEICO Casualty Insurance Co., appellant. (Appeal No. 3) (Index No. 304348)
| DECISION & ORDER ON MOTION |
Motion by Government Employees Insurance Company, a/k/a GEICO Casualty Insurance Company, inter alia, for a preference in the calendaring of appeals from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated April 6, 2006 (Appellate Division Docket No. 2006-06139), and an order of the Supreme Court, Nassau County, dated May 12, 2006 (Appellate Division Docket No. 2006-08388), and to calendar those appeals with an appeal from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated November 21, 2005 (Appellate Division Docket No. 2006-03455).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated November 21, 2005 (Appellate Division Docket No. 2006-03455), is removed from the calendar on December 18, 2006; and it is further,
ORDERED that the branches of the motion which are for a preference in the calendaring of appeals from the two orders dated April 6, 2006, and May 12, 2006, respectively, and to calendar those appeals with the appeal from the order dated November 21, 2005 are granted, and the appeals will be calendared when the appeals from the orders dated April 18, 2006, and May 12, 2006, are fully perfected; and it is further,
ORDERED that the respondents on the appeals from the orders dated April 6, 2006, and May 12, 2006, shall serve and file their briefs on or before January 8, 2007, and the reply briefs, if any, shall be served and filed on or before January 22, 2007; and it is further,
ORDERED that the branch of the motion which is for leave to file a brief as an amicus curiae on the appeal from the order dated November 21, 2005, is denied as academic.
FLORIO, J.P., SPOLZINO, LIFSON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court