Gateway Med., P.C. As Assignee of Shauntee Ballard v Progressive Ins. Co.

Gateway Med., P.C. As Assignee of Shauntee Ballard v Progressive Ins. Co.

Slip Opinion No: 2010 NY Slip Op 67373(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.

GATEWAY MEDICAL, P.C.
as assignee of SHAUNTEE BALLARD,

Respondent,

-against-

NO. 2010-148 RI C

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 move to vacate the stay, or the respondent may move to vacate the stay on three days' notice, and may serve such application in person.