| AEE Med. Diagnostic PC a/a/o Rivera, J. v Amerprise Ins. Co. |
| Motion No: 570067/17 |
| Slip Opinion No: 2017 NY Slip Op 66067(U) |
| Decided on March 2, 2017 |
| Appellate Term, First 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. |
March 2, 2017
AEE Med. Diagnostic PC a/a/o Rivera, J. v Amerprise Ins. Co.
It is Ordered that the defendant-respondent's motion seeking to dismiss the appeal is granted, unless plaintiff-
appellant perfects its appeal by no later than the June 2017 term - the filing deadline for which is April 12, 2017.
That portion of defendant-respondent's motion which seeks to stay the accumulation of interest pursuant to 11 NYCRR § 65-3.9(d) is denied, without prejudice, as to respondent raising the issue in its brief. Respondent's brief is to be served and filed by May 4, 2017. Reply brief, if any, is to be served and filed by May 12, 2017. In the event of plaintiff-appellant's failure to comply with the foregoing condition, respondent may move on five days' notice for an order vacating the stay.
By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.
Motion No. 570067/17