| Kew Garden Imaging As Assignee of Manuel Ortiz v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2010-03304 kc |
| Slip Opinion No: 2011 NY Slip Op 64622(U) |
| Decided on February 9, 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.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Kew Garden Imaging as Assignee of Manuel Ortiz, Respondent, v State Farm Mutual Automobile Ins. Co., Appellant. |
Motion by appellant to stay enforcement of a judgment of the Civil Court of the City of New York, Kings County, entered June 18, 2010, pending the determination of the appeal.
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 that within 10 days from the date of this decision and order appellant deposit the amount of the judgment in the Civil Court, and upon the further condition that the appeal be perfected by May 6, 2011. Appellant shall file with this court proof of the deposit of the judgment within one business day after making such deposit.
In the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk