| Jamaica Dedicated Med. Care, P.C. As Assignee of Lalbachan Sooklall v Praetorian Ins. Co. |
| Motion No: 2013-02388 KC |
| Slip Opinion No: 2014 NY Slip Op 80670(U) |
| Decided on August 11, 2014 |
| 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.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Jamaica Dedicated Medical Care, P.C. as Assignee of Lalbachan Sooklall, Respondent, v Praetorian Ins. Co., Appellant. |
Motion by appellant to vacate an order of this court dated June 23, 2014, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 22, 2013, and for a stay pending the determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate the order of this court dated June 23, 2014 is granted, the order dated June 23, 2014 is vacated, and the appeal shall be perfected by October 3, 2014; and it is further,
ORDERED that the branch of the motion seeking to stay the trial pending the determination of the appeal is granted on condition the appeal be perfected by October 3, 2014; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may dismiss the appeal and/or vacate the stay, or respondent may move to dismiss the appeal and/or vacate the stay on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk