| Flatlands Med., P.C. As Assignee of Cornell Smart v Allstate Ins. Co. |
| Motion No: 2010-02675 kc |
| Slip Opinion No: 2011 NY Slip Op 61831(U) |
| Decided on January 14, 2011 |
| 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
| Flatlands Medical, P.C. as Assignee of Cornell Smart, Appellant, v Allstate Insurance Company, Respondent. |
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 September 8, 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 March 4, 2011; and it is further,
ORDERED that in the event the appeal is not perfected by March 4, 2011, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Michael L. Pesce
Presiding Justice