Yellowstone Med. Rehabilitation, P.C. As Assignee of Gunter Vinueza v State Farm Mut. Auto. Ins. Co.

Yellowstone Med. Rehabilitation, P.C. As Assignee of Gunter Vinueza v State Farm Mut. Auto. Ins. Co.

Motion No: 2009-02412 kc

Slip Opinion No: 2010 NY Slip Op 62573(U)

Decided on January 29, 2010

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., WESTON and RIOS, JJ.

NO. 2009-2412 K C

YELLOWSTONE MEDICAL REHABILITATION, P.C.
as assignee of GUNTER VINUEZA,

Respondent,

-against-

STATE FARM MUTUAL AUTOMOBILE INS. CO.,

Appellant.

DECISION

Motion by appellant for a stay pending the determination of the appeal is granted on condition the appeal is perfected by April 2, 2010.

Ordered that in the event the appeal is not perfected on or before April 2, 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.