| SHARON COOPER V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY |
| Motion No: CA 10-00341 |
| Slip Opinion No: 2010 NY Slip Op 65171(U) |
| Decided on March 2, 2010 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00341
| SHARON COOPER, PLAINTIFF-RESPONDENT, V NEW YORK CENTRAL
MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT. |
Appellant having moved for a partial stay of discovery pending the determination of the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 19, 2009 (CA 09-02108),
Now, upon reading and filing the affidavit of Marco Cercone sworn to February 5, 2010, the notice of motion with proof of service thereof, the affidavit of Timothy Trueworthy sworn to January 14, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that enforcement of the portion of the order of Justice Feroleto entered January 14, 2010 requiring appellant to identify, for the time periods from March 1, 2005 through September 11, 2005 and from March 13, 2006 through March 31, 2006, the number of first-party claims for fire damage to personal property made to appellant, the amount sought, the amount paid, and the number of claims denied shall be stayed pending this Court's determination of the appeal taken from the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 19, 2009 (CA 09-02108).
Entered: March 2, 2010
Patricia L. Morgan, Clerk