Andrew Carothers, M.D., P.C. a/a/o Eduard Skverchak v and Geico Indem. Co.

Andrew Carothers, M.D., P.C. a/a/o Eduard Skverchak v and Geico Indem. Co.

Motion No: 2006-02083 KC

Slip Opinion No: 2007 NYSlipOp 72616(U)

Decided on June 21, 2007

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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT : GOLIA, J.P., RIOS and BELEN, JJ.

NOS. 2006-2083 K C2007-894 K C

ANDREW CAROTHERS, M.D., P.C.
a/a/o EDUARD SKVERCHAK,

Respondent,

-against-
and

GEICO INDEMNITY COMPANY,

Appellant.

DECISION

Motion by appellant for a stay of all proceedings in the court below under Civil Court Index No. 16228/06 pending appeal granted.

On the court's own motion, appeals numbered 2006-2083 K C and 2007-894 K C are consolidated for the purpose of disposition under case number 2006-2083 K C. Appellant may, if it be so advised, serve and file a brief pertaining to the order entered on December 1, 2006 by September 13, 2007.

We note that in the absence of either an order from the court below consolidating similar actions referred to in the instant motion papers with the subject action or notices of appeal pertaining to the similar actions, this court is without jurisdiction to grant a stay of the unappealed, similar actions.