Westchester Med. Ctr., a/a/o Joseph Tortoriello, Maritza Decarlo, Christina Mariani & Sarah Gonjanaj v A Cent. Ins. Co. & N. Y. Cent. Mut. Fire Ins. Co.

Westchester Med. Ctr., a/a/o Joseph Tortoriello, Maritza Decarlo, Christina Mariani & Sarah Gonjanaj v A Cent. Ins. Co. & N. Y. Cent. Mut. Fire Ins. Co.

Motion No: 2007-01762 NC

Slip Opinion No: 2007 NYSlipOp 87550(U)

Decided on December 27, 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 : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2007-1762 N C

WESTCHESTER MEDICAL CENTER,
a/a/o JOSEPH TORTORIELLO, MARITZA DECARLO,
CHRISTINA MARIANI and SARAH GONJANAJ,

Appellant,

-against-

A CENTRAL INSURANCE COMPANY and
NEW YORK CENTRAL MUTUAL FIRE
INSURANCE COMPANY,

Respondent.

DECISION

Motion by appellant for a stay of all proceedings pending the determination of the appeal is granted on condition that the appeal is perfected by March 7, 2008.

Ordered that in the event the appeal is not perfected on or before March 7, 2008, 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.