Superior Med. Equip. & Supply a/a/o Ravin Smith v Merchants & Bus. Mens Mut. Ins. Co.

Superior Med. Equip. & Supply a/a/o Ravin Smith v Merchants & Bus. Mens Mut. Ins. Co.

Slip Opinion No: 2010 NY Slip Op 68088(U)

Decided on April 2, 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 : GOLIA, J.P., WESTON and RIOS, JJ.

SUPERIOR MEDICAL EQUIPMENT & SUPPLY
a/a/o RAVIN SMITH,

Respondent,

-against-

MERCHANTS & BUSINESS MENS
MUTUAL INS. CO.,

Appellant.

DECISION

No. 2010-350 K C

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

Ordered that in the event the appeal is not perfected on or before July 2, 2010, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.