Bath Med. Supply, Inc. a/a/o Dylan L. Berger v Geico Ins. Co.

Bath Med. Supply, Inc. a/a/o Dylan L. Berger v Geico Ins. Co.

Motion No: 2009-02001 KC

Slip Opinion No: 2009 NY Slip Op 91311(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. 2009-2001 K C

BATH MEDICAL SUPPLY, INC.
a/a/o DYLAN L. BERGER,

Respondent,

-against-

GEICO INSURANCE CO.,

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.