State Farm Insurance Company v Aracena-Almonte
Motion No: 2007-09803
Slip Opinion No: 2007 NYSlipOp 82968(U)
Decided on November 5, 2007
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

M62136

E/sl

STEPHEN G. CRANE, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-09803

State Farm Insurance Company, appellant,

v Aracena-Almonte, etc., et al., respondents.

(Index No. 13755/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, entered October 3, 2007, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted, and enforcement of the order entered October 3, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 5, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 5, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

CRANE, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court