| 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 81764(U) |
| Decided on August 19, 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.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Kew Garden Imaging as Assignee of Manuel Ortiz, Respondent, v State Farm Mutual Automobile Ins. Co., Appellant. |
Motion by respondent on an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered June 18, 2010, to vacate a stay granted by decision and order of this court dated February 9, 2011, and to dismiss the appeal. Separate motion by appellant for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that the branch of respondent's motion seeking to vacate the stay granted by decision and order of this court dated February 9, 2011 is granted and the stay is vacated; and it is further,
ORDERED that the branch of respondent's motion seeking to dismiss the appeal is denied; and it is further,
ORDERED that appellant's motion is granted and the appeal shall be perfected by November 4, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 4, 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