Park Slope Med. & Surgical Supply, Inc. As Assignee of Mikhail Vinitsky v Geico Ins. Co.

Park Slope Med. & Surgical Supply, Inc. As Assignee of Mikhail Vinitsky v Geico Ins. Co.

Motion No: 2009-02004 QC

Slip Opinion No: 2009 NY Slip Op 91314(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. 2009-2004 Q C

PARK SLOPE MEDICAL and SURGICAL SUPPLY, INC.
as assignee of MIKHAIL VINITSKY,

Respondent,

-against-

GEICO INS. 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.