Matter of Eveready Insurance Company v France
Motion No: 2009-01048
Slip Opinion No: 2009 NY Slip Op 71394(U)
Decided on May 4, 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

M85985

E/cb

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-01048

In the Matter of Eveready Insurance Company,

appellant, v Joseph France, etc., et al.,

respondents.

(Index No. 5844/07)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all arbitration proceedings between the parties pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 10, 2008.

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 branch of the motion which is to stay all arbitration proceedings between the parties is granted and all arbitration proceedings between the parties are stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., FLORIO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court