Eastern Med., P.C. Assignee of Jacqueline Clark v Allstate Ins. Co.
Motion No: 2008-01145 NC 08-22-2008
Slip Opinion No: 2008 NYSlipOp 88143(U)
Decided on October 29, 2008
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 SCHEINKMAN, JJ.


NO. 2008-1145 N C
EASTERN MEDICAL, P.C.
assignee of JACQUELINE CLARK,

Appellant,

-against-


ALLSTATE INSURANCE COMPANY,

Respondent.

DECISION That branch of the motion by appellant to consolidate appeals from orders dated May 23, 2007 and March 26, 2008 is denied as moot.

That branch of the motion to stay all proceedings pending determination of appeal is granted and appeal shall be perfected by December 18, 2008.

That branch of the motion seeking other relief denied.

The appeals from the aforesaid orders have previously been consolidated under appeal number 2008-1145 N C.

In the event that the appeal is not perfected by December 18, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.