Quality Diagnostic Imaging, P.C. v State Wide Ins. Co.
Motion No: 2009-02385
Slip Opinion No: 2009 NYSlipOp 70060(U)
Decided on April 20, 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

M85469

E/cb

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-02385

Quality Diagnostic Imaging, P.C., etc., plaintiff,

v State Wide Ins. Co., defendant.

(Index No. 65799/04)

DECISION & ORDER ON MOTION

Motion by the defendant, in effect, for leave to appeal to this court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated September 29, 2008, which, inter alia, granted that branch of the respondent's motion which was to vacate a stipulation of settlement dated January 29, 2008, on an appeal to that court from an order of the Civil Court of the City of New York, Kings County, entered May 3, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied (see CPLR 5703[a]).

MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court