Delta Diagnostic Radiology, P.C. a/a/o Roosevelt Deceus v Liberty Mut. Ins. Co.

Delta Diagnostic Radiology, P.C. a/a/o Roosevelt Deceus v Liberty Mut. Ins. Co.

Motion No: 2006-01912 KC

Slip Opinion No: 2007 NYSlipOp 85129(U)

Decided on November 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 : PESCE, P.J., WESTON PATTERSON and BELEN, JJ.

NO. 2006-1912 K C

DELTA DIAGNOSTIC RADIOLOGY, P.C.
a/a/o ROOSEVELT DECEUS,

Respondent,

-against-

LIBERTY MUTUAL INSURANCE CO.,

Appellant.

DECISION

That branch of the motion by appellant seeking to vacate dismissal of the appeal and stay all proceedings is granted and appeal shall be perfected by January 4, 2008.

Ordered that in the event the appeal is not perfected on or before January 4, 2008, the court on its own motion, may vacate the stay and dismiss the appeal, or the respondent may apply to vacate the stay and dismiss the appeal on three days' notice, and may serve such application in person.