Neomy Med., P.C. As Assignee of Michael Walters v Clarendon Ins. Co.
Motion No: 2010-01682 kc
Slip Opinion No: 2011 NY Slip Op 62898(U)
Decided on January 28, 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.


Appellate Term of the Supreme Court

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

2010-1682 K C
Neomy Medical, P.C. as Assignee of Michael Walters, v Clarendon Insurance Company,

Motion by appellant to stay the trial in the above-entitled action pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 18, 2009.

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 on or before April 1, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 1, 2011, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk