IN THE MATTER OF JASON PILKENTON V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY
Motion No: CA 13-00813
Slip Opinion No: 2013 NY Slip Op 74580(U)
Decided on May 21, 2013
Appellate Division, Fourth 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.


May 21, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND VALENTINO, JJ.

DOCKET NO. CA 13-00813

IN THE MATTER OF JASON PILKENTON, PETITIONER-RESPONDENT,

V

NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY,

DEFENDANT-APPELLANT.


Appellant having moved, upon the return of an order to show cause granted by the Honorable Joseph D. Valentino on May 2, 2013, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Livingston on April 3, 2013, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affidavits of Marco Cercone, Esq., sworn to April 8, 2013, and April 13, 2013, said show cause order with proof of service thereof, and the affirmation of Alice L. Messina, Esq., dated May 9, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the appeal is perfected on or before June 20, 2013.

Entered: May 21, 2013

Frances E. Cafarell, Clerk