| Morris Med., P.C. As Assignee of Laura Richardson v Fiduciary Ins. Co. of Am. |
| Motion No: 2010-01831 kc |
| Slip Opinion No: 2010 NY Slip Op 92223(U) |
| Decided on December 22, 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
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Morris Medical, P.C. as Assignee of Laura Richardson, Respondent, v Fiduciary Insurance Co. 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 May 10, 2010. Cross motion by respondent for an award of costs and sanctions.
Upon the papers filed in support of the motion and the cross motion, it is
ORDERED that the motion and the cross motion are denied; and it is further,
ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal lies from an intermediate order upon entry of a judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]).
ENTER:
Paul Kenny
Chief Clerk