Eastern Med., P.C. As Assignee of Jacqueline Clark v Allstate Ins. Co.

Eastern Med., P.C. As Assignee of Jacqueline Clark v Allstate Ins. Co.

Motion No: 2008-01145 NC

Slip Opinion No: 2009 NYSlipOp 67383(U)

Decided on March 18, 2009

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 : TANENBAUM, J.P., MOLIA and LaCAVA, JJ.

NO. 2008-1145 N C

EASTERN MEDICAL, P.C.
as assignee of JACQUELINE CLARK,

Appellant,

-against-

ALLSTATE INSURANCE COMPANY,

Respondent.

DECISION

Motion by appellant, in essence, for a continuation of the stay contained in the order of this court dated October 29, 2008 and for an enlargement of time to perfect the appeal is granted on condition that appellant perfects the appeal by June 5, 2009.

In the event that the above condition is not met, the court, on its own motion, may vacate the stay and dismiss the appeal, or the respondent may move to vacate the stay and dismiss the appeal on 3 days' notice.