| First Metlife Investors Insurance Company v Filippino |
| Motion No: 2017-01587 |
| Slip Opinion No: 2017 NY Slip Op 67620(U) |
| Decided on March 17, 2017 |
| 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
M227833
E/afa
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.
|
2017-01587 First Metlife Investors Insurance Company, plaintiff-respondent, v Erika Filippino, defendant- respondent, Vivian Amato, etc., appellant. (Index No. 101298/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay First Metlife Investors Insurance Company, or anyone acting on its behalf, from distributing the proceeds of Insurance Policy No. 208177276FM to Erika Filippino, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated January 25, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and First Metlife Investors Insurance Company, or anyone acting on its behalf, is stayed from distributing the proceeds of Insurance Policy No. 208177276FM to Erika Filippino pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 18, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 18, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.
BALKIN, J.P., COHEN, MILLER and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court