Saad v Providence Washington Insurance Company
Motion No: 2010-11769
Slip Opinion No: 2011 NY Slip Op 72777(U)
Decided on May 12, 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

M120069

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2010-11769, 2011-04031

Andre H. Saad, etc., respondent, v Providence

Washington Insurance Company, appellant.

(Index No. 14515/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered October 27, 2010, and dated April 5, 2011, respectively, to consolidate the appeals, and to enlarge the time to perfect the appeal from the order entered October 27, 2010.

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

ORDERED that the branch of the motion which is to stay the trial is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered October 27, 2010, is granted, the appellant's time to perfect the appeal is enlarged until June 13, 2011, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., FLORIO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court