S&b Neourocare, P.C. a/a/o Lurain Jackson & Delroy Bodley v Geico Ins. Co.

S&b Neourocare, P.C. a/a/o Lurain Jackson & Delroy Bodley v Geico Ins. Co.

Motion No: 2007-00854 KC

Slip Opinion No: 2007 NYSlipOp 74959(U)

Decided on July 20, 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 : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.

NO. 2007-854 K C

S&B NEOUROCARE, P.C.
A/A/O LURAIN JACKSON and DELROY BODLEY,

Respondent,

-against-

GEICO INSURANCE COMPANY,

Appellant.

DECISION

Motion by appellant for a stay of all proceedings in the court below under Civil Court Index No. 49680/05 pending the determination of the appeal is granted on condition appeal is perfected by October 5, 2007.

Ordered that in the event the appeal is not perfected on or before October 5, 2007, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.

We note that this court is without jurisdiction to grant a stay of the unappealed actions.