| Matter of State Farm Mutual Automobile Insurance Compan |
| Motion No: 2009-09893 |
| Slip Opinion No: 2009 NY Slip Op 88671(U) |
| Decided on November 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
M94451
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT, JJ.
|
2009-09893 In the Matter of State Farm Mutual Automobile Insurance Company, respondent, v Kissena Medical Imaging, P.C., appellant. (Index No. 14437/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated October 13, 2009, pending hearing and determination of an appeal 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 enforcement of so much of the order as directed the appellant to produce certain documents and a witness for an examination before trial is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 16, 2009, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 16, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RIVERA, J.P., FISHER, ANGIOLILLO and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court