Matter of State Farm Mutual Automobile Insurance Company
Motion No: 2012-00577
Slip Opinion No: 2014 NY Slip Op 60494(U)
Decided on January 9, 2014
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

M167879

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-00577

In the Matter of State Farm Mutual Automobile

Insurance Company, respondent, v Patrick

Fitzgerald, appellant.

(Index No. 20498/11)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals from an opinion and order of this Court dated November 6, 2013, which determined an appeal from an order of the Supreme Court, Queens County, entered December 13, 2011. Separate motion by the respondent, inter alia, to stay the arbitration proceeding between the parties, pending determination of the appeal to the Court of Appeals.

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

ORDERED that the motion for leave to appeal to the Court of Appeals is denied; and it is further,

ORDERED that the motion, inter alia, to stay the arbitration proceeding is denied as academic.

RIVERA, J.P., HALL, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court