Functional Physical Therapy, P.C. As Assignee of Mary You & Antoinette Walker v Utica Mut. Ins. Co.
Motion No: 2010-02011 kc
Slip Opinion No: 2010 NY Slip Op 88815(U)
Decided on November 17, 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

MICHAEL L. PESCE, P.J.

JAIME A. RIOS

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2010-2011 K C
Functional Physical Therapy, P.C. as Assignee of Mary You and Antoinette Walker, Respondent, v Utica Mutual Ins. Co., Appellant.

Motion by appellant for a stay of all proceedings including trial pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 7, 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 is granted on condition the appeal be perfected by November 5, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 5, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk