Helios Acupuncture, P.C. As Assignee of Amadou Diallo, Love Acupuncture, P.C. As Assignee of Amadou Diallo, & Midisland Acupuncture, P.C. As Assignee of Amadou Diallo v Fiduciary Ins. Co. of Am.

Helios Acupuncture, P.C. As Assignee of Amadou Diallo, Love Acupuncture, P.C. As Assignee of Amadou Diallo, & Midisland Acupuncture, P.C. As Assignee of Amadou Diallo v Fiduciary Ins. Co. of Am.

Motion No: 2010-02440 kc

Slip Opinion No: 2010 NY Slip Op 89290(U)

Decided on November 26, 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

JAIME A. RIOS, J.P.

MICHAEL L. PESCE

JOSEPH G. GOLIA, JJ.

DECISION & ORDER ON MOTION

2010-2440 K C

Helios Acupuncture, P.C. as Assignee of Amadou Diallo,
Love Acupuncture, P.C. as Assignee of Amadou Diallo, and Midisland Acupuncture, P.C. as Assignee of Amadou Diallo, Respondents, v Fiduciary Insurance Company of America, Appellant.

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 21, 2010.

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

ORDERED that the motion is granted on condition that within 10 days of the date of this decision and order appellant deposit with the Civil Court the sum of $19,956.46 and upon the further condition that the appeal be perfected by February 4, 2011; and it is further,

ORDERED that in the event that any of the above conditions are 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:

Jaime A. Rios

Justice Presiding