Cleophas Craigg, D.C. As Assignee of Roosevelt Etienne v Infinity Select Ins. Co.

Cleophas Craigg, D.C. As Assignee of Roosevelt Etienne v Infinity Select Ins. Co.

Motion No: 2011-00267 qc

Slip Opinion No: 2011 NY Slip Op 68117(U)

Decided on March 17, 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

2011-267 Q C

Cleophas Craigg, D.C. as Assignee of
Roosevelt Etienne, Respondent, v Infinity Select Insurance Company, Appellant.

Motion by respondent to dismiss an appeal from a decision of the Civil Court of the City of New York, Queens County, dated March 12, 2009, to vacate an automatic stay, and for other relief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied and the appeal shall be perfected by May 6, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 6, 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:

Paul Kenny

Chief Clerk