| Comfort Supply, Inc. As Assignee of Andre Hayden v Clarendon Natl. Ins. Co. |
| Motion No: 2009-02463 kc |
| Slip Opinion No: 2010 NY Slip Op 76410(U) |
| Decided on July 1, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Comfort Supply, Inc. as Assignee of Andre Hayden, Respondent, v Clarendon National Insurance Co., Appellant. |
Motion by appellant to continue a stay granted by order of this court dated January 14, 2010 and for an enlargement of time to perfect an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 5, 2009.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,
ORDERED that the branch of the motion by appellant seeking to continue the stay contained in the order of this court dated January 14, 2010 is granted on condition that appellant perfect the appeal by September 3, 2010, and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by September 3, 2010; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Michael L .Pesce
Presiding Justice