| Grazioli v Encompass Insurance Company |
| Motion No: 2009-01683 |
| Slip Opinion No: 2009 NYSlipOp 66376(U) |
| Decided on March 12, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M83698
E/cb
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
HOWARD MILLER
RUTH C. BALKIN, JJ.
|
2009-01683 John M. Grazioli, et al., respondents, v Encompass Insurance Company, appellant, et al., defendants. (Index No. 00264/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay enforcement of an order of the Supreme Court, Suffolk County, dated February 4, 2009, 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 dated February 4, 2009, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 13, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 13, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
RIVERA, J.P., FISHER, MILLER and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court