| Ar Med. Art, P.C. As Assignee of Danis Guerrier & Rimma Golub v Geico Gen. Ins. Co. |
| Motion No: 2009-02382 kc |
| Slip Opinion No: 2013 NY Slip Op 85262(U) |
| Decided on September 4, 2013 |
| 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.
MICHELLE WESTON
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| AR Medical Art, P.C. as Assignee of Danis Guerrier and Rimma Golub, Appellant, v GEICO General Insurance Company, Respondent. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 28, 2009, to clarify that the decision and order of this court dated October 25, 2011, which determined the appeal, applied only to the above-captioned case, and for a stay of the trials in certain companion actions. Cross motion by appellant to clarify that this court's decision and order applied to 166 cases that had been consolidated for limited purposes in the Civil Court.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition to the cross motion, it is
ORDERED that the branch of respondent's motion seeking clarification is granted, as the only properly perfected appeal was in the above-captioned matter; and it is further,
ORDERED that the branch of respondent's motion seeking a stay is denied, as this court does not have jurisdiction to grant a stay of actions in which no appeal is pending before this court; and it is further,
ORDERED that appellant's cross motion is denied.
Steinhardt, J., taking no part.
ENTER:
Paul Kenny
Chief Clerk