| Webb v Pearce |
| Motion No: 2013-04974 |
| Slip Opinion No: 2013 NY Slip Op 80289(U) |
| Decided on July 19, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M159610
W/ct
DANIEL D. ANGIOLILLO, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2013-04974 Maureen Webb, respondent, v Lisa Pearce, et al., defendants; Bartels & Feureisen, LLP, nonparty-appellant; Susanne Aberbach-Marolda, nonparty-respondent. (Action No. 1) Bartels & Feureisen, appellant, v Maureen Webb, respondent. (Action No. 2) (Index Nos. 11319/10, 54570/12)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant/appellant to stay the distribution of money held by Geico Insurance Company or Susanne Aberbach-Marolda to Maureen Webb resulting from the settlement of a personal injury claim in Action No. 1, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered February 19, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the distribution of money held by Geico Insurance Company or Susanne Aberbach-Marolda to Maureen Webb resulting from the settlement of a personal injury claim in Action No. 1 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 19, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 19, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondent or nonparty-respondent may move to vacate the stay, on three days notice.
ANGIOLILLO, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court