D'Adamo v Saint Dominic's Home
Motion No: 2011-00633
Slip Opinion No: 2011 NY Slip Op 63895(U)
Decided on February 10, 2011
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

M115271

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2011-00633

Joan D'Adamo, etc., appellant, v Saint Dominic's

Home, respondent.

(Index No. 07-2632)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the independent medical examination of Steven Oscar Herrera in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated December 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, and the independent medical examination of Steven Oscar Herrera in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 11, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 11, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court