| Superior Med. Equip. & Supply As Assignee of Ravin Smith v Merchants & Bus. Mens Mut. Ins. Co. |
| Motion No: 2010-00350 kc |
| Slip Opinion No: 2010 NY Slip Op 79858(U) |
| Decided on August 4, 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
| Superior Medical Equipment & Supply as Assignee of Ravin Smith, Respondent, v Merchants & Business Mens Mutual Ins. Co., Appellant. |
Motion by appellant to continue a stay contained in an order of this court dated April 2, 2010 pending an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 1, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,
ORDERED that the motion by appellant to continue the stay contained in the order of this court dated April 2, 2010 is granted on condition that appellant perfect the appeal by November 5, 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:
Joseph G. Golia
Associate Justice