Wilner v Allstate Insurance Company
Motion No: 2009-01466
Slip Opinion No: 2009 NYSlipOp 66641(U)
Decided on March 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M83855

E/nl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-01466

Harry Wilner, et al., respondents, v Allstate

Insurance Company, appellant.

(Index No. 16164/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Nassau County, entered January 21, 2009, as directed the production of certain documents concerning other claims pending hearing and determination of an appeal from the order.

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 so much of the order as directed the production of certain documents concerning other claims is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 15, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 15, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

MASTRO, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court