Iav Med. Supply, Inc. As Assignee of Gilda Davila As Assignee of Jose Vega v Geico Ins. Co.

Iav Med. Supply, Inc. As Assignee of Gilda Davila As Assignee of Jose Vega v Geico Ins. Co.

Motion No: 2009-02000 RIC

Slip Opinion No: 2009 NY Slip Op 91310(U)

Decided on December 11, 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 : WESTON, J.P., RIOS and STEINHARDT, JJ.

NO. 2009-2000 RI C

IAV MEDICAL SUPPLY, INC.
as assignee of GILDA DAVILA
as assignee of JOSE VEGA,

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 be perfected by February 5, 2010.

Ordered that in the event the appeal is not perfected on or before February 5, 2010, the court, on its own motion, may dismiss the appeal, or the respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.