Matter of Progressive Northeastern Insurance Company v Me
Motion No: 2008-00405
Slip Opinion No: 2008 NYSlipOp 72000(U)
Decided on May 14, 2008
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

M70473

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-00405

In the Matter of Progressive Northeastern

Insurance Company, appellant, v Jose Medina,

Sr., respondent.

(Index No. 07-4618)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated November 13, 2007. Cross motion by the respondent to dismiss the appeal on the ground that the appellant waived its right to appellate review of the order dated November 13, 2007.

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

ORDERED that the motion and the cross motion are denied.

MILLER, J.P., DILLON, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court