| Matter of Travelers Indemnity Company v United Diagnostic |
| Motion No: 2009-07872 |
| Slip Opinion No: 2009 NY Slip Op 86099(U) |
| Decided on October 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. |
Appellate Division: Second Judicial Department
M93146
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
JOSEPH COVELLO
LEONARD B. AUSTIN, JJ.
|
2009-07872, 2009-09199 In the Matter of Travelers Indemnity Company, respondent-appellant, v United Diagnostic Imaging, P.C., appellant-respondent. (Index No. 10491/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay enforcement of two orders of the Supreme Court, Nassau County, dated June 26, 2009, and September 16, 2009, respectively, pending hearing and determination of appeals and cross appeals therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that so much of the orders as directed discovery concerning the subject arbitration claims to proceed including the deposition of Dr. Shapiro, is stayed pending hearing and determination of the appeals and cross appeals on condition that the appeals are perfected on or before November 16, 2009, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeals are not perfected on or before November 16, 2009, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice.
RIVERA, J.P., FISHER, COVELLO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court