Iav Med. Supply, Inc. As Assignee of Maryering Castaneda v Geico Ins. Co.

Iav Med. Supply, Inc. As Assignee of Maryering Castaneda v Geico Ins. Co.

Motion No: 2009-01728 RIC

Slip Opinion No: 2009 NY Slip Op 88301(U)

Decided on November 5, 2009

Appellate Term, 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 TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and STEINHARDT, JJ.

NO. 2009-1728 RI C

IAV MEDICAL SUPPLY, INC.
as assignee of MARYERING CASTANEDA,

Respondent,

-against-

GEICO INSURANCE COMPANY,

Appellant.

DECISION

Motion by appellant for a stay pending the determination of the appeal is granted on condition the appeal is perfected by January 8, 2010.

Ordered that in the event the appeal is not perfected on or before January 8, 2010, the court, on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.