| Matter of Progressive Direct Insurance Company v Spicer |
| Motion No: 2016-08034 |
| Slip Opinion No: 2016 NY Slip Op 93986(U) |
| Decided on December 9, 2016 |
| 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
M222639
E/sl
CHERYL E. CHAMBERS, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2016-08034 In the Matter of Progressive Direct Insurance Company, appellant, v Tyrone Spicer, respondent. (Index No. 502415/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled matter, including discovery, the preliminary conference, and an uninsured motorist arbitration between the parties, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 7, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and all proceedings in the above-entitled matter, including discovery, the preliminary conference, and the uninsured motorist arbitration between the parties are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 9, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 9, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
CHAMBERS, J.P., COHEN, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court