Matter of Progressive Northeastern Insurance Company
Motion No: 2010-11741
Slip Opinion No: 2010 NY Slip Op 91267(U)
Decided on December 20, 2010
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M112883

E/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

SANDRA L. SGROI, JJ.

2010-11741

In the Matter of Progressive Northeastern

Insurance Company, appellant, v Wayne

Vanderpool, et al., respondents.

(Index No. 1205/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay an arbitration proceeding between the parties to be conducted by the American Arbitration Association (#43200S0052610), pending hearing and determination of an appeal from an order of the Supreme Court, Putnam County, dated November 15, 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, and the arbitration proceeding between the parties to be conducted by the American Arbitration Association (#43200S0052610) is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 18, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 18, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

PRUDENTI, P.J., FLORIO, ANGIOLILLO and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court