Iav Med. Supply, Inc. As Assignee of Julia Caldas v Progressive Ins. Co.

Iav Med. Supply, Inc. As Assignee of Julia Caldas v Progressive Ins. Co.

Motion No: 2009-00515 RIC

Slip Opinion No: 2010 NY Slip Op 67355(U)

Decided on March 24, 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 : WESTON, J.P., GOLIA and RIOS, JJ.

NO. 2009-515 RI C

IAV MEDICAL SUPPLY, INC.
as assignee of JULIA CALDAS,

Respondent,

-against-

PROGRESSIVE 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 May 7, 2010.

Ordered that in the event the appeal is not perfected on or before May 7, 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.