| CHARLENE URBAN V STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY |
| Motion No: CA 09-00719 |
| Slip Opinion No: 2009 NY Slip Op 72906(U) |
| Decided on May 13, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, CENTRA, AND PERADOTTO, JJ.
DOCKET NO. CA 09-00719
| CHARLENE URBAN, PLAINTIFF-RESPONDENT, V STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY, DEFENDANT-APPELLANT. |
Appellant having moved, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on April 9, 2009, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 2, 2009, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Daniel W. Gerber dated April 8, 2009, said show cause order with proof of service thereof, the opposing affidavit of Charles C. Ritter, Jr. sworn to May 1, 2009, the reply affirmation of Patrick B. Naylon dated May 8, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, and all proceedings to enforce the order entered April 2, 2009 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before July 10, 2009.
Entered: May 13, 2009
Patricia L. Morgan, Clerk