| New Horizon Surgical Ctr., LLC, As Assignee of Kelvyn Aguilar v Travelers Ins. |
| Motion No: 2016-02706 RIC |
| Slip Opinion No: 2017 NY Slip Op 63532(U) |
| Decided on January 24, 2017 |
| 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| New Horizon Surgical Center, LLC, as Assignee of Kelvyn Aguilar, Respondent, v Travelers Insurance, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Richmond County, entered September 22, 2016. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,
ORDERED that appellant's motion is granted on condition that the appeal be perfected by April 7, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 7, 2017, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk