Apple Tree Acupuncture, P.C. As Assignee of Billy Mclaughlin v Interboro Ins. Co.
Motion No: 2010-00908 kc
Slip Opinion No: 2010 NY Slip Op 74678(U)
Decided on June 8, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MARSHA L. STEINHARDT, J.P.

MICHAEL L. PESCE

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2010-908 K C
Apple Tree Acupuncture, P.C. as Assignee of Billy McLaughlin, Respondent, v Interboro Insurance Company, Appellant.

Motion by appellant for stay of trial, and for other relief, pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 23, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,

ORDERED that the motion by appellant is granted to the extent of staying the trial pending the determination of the appeal on condition the appeal is perfected by September 3, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 3, 2010, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice, and may serve such application in person.

ENTER:

Marsha L. Steinhardt

Associate Justice