| O'Brien v Citizens Insurance Company of America |
| Motion No: 2009-05828 |
| Slip Opinion No: 2009 NY Slip Op 86738(U) |
| Decided on October 22, 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
M93539
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
HOWARD MILLER
L. PRISCILLA HALL, JJ.
|
2009-05828 Dennis A. O'Brien, et al., respondents, v Citizens Insurance Company of America, et al., defendants; Milber Makris Plousadis & Seiden, LLP, nonparty-appellant (and other titles). (Index No. 20049-03)
| DECISION & ORDER ON MOTION |
Motion by Milber Makris Plousadis & Seiden, LLP, to stay enforcement of an order of the Supreme Court, Suffolk County, dated May 11, 2009, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the notice of appeal is deemed corrected to reflect that Milber Makris Plousadis & Seiden, LLP, is the proper appellant (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605); and it is further,
ORDERED that the motion is denied as unnecessary as the appellant has posted a bond in accordance with CPLR 5519(a)(2)
We note that to the extent that the appellant seeks review of an order of the Supreme Court, Suffolk County, dated December 11, 2008, no notice of appeal has been filed in connection with that order.
RIVERA, J.P., FLORIO, MILLER and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court