Bronx Acupuncture Therapy, P.C., As Assignee of Dulce Baez v Hereford Ins. Co.
Motion No: 2014-02139 KC
Slip Opinion No: 2018 NY Slip Op 61414(U)
Decided on January 3, 2018
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.


Appellate Term of the Supreme Court

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

2014-2139 K C
Bronx Acupuncture Therapy, P.C., as Assignee of Dulce Baez, Appellant, v Hereford Ins. Co., Respondent.

Motion by respondent for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered July 18, 2014, which was determined by decision and order of this court dated October 27, 2017, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court. Separate motion by respondent for a stay pending the determination of respondent's reargument motion.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that respondent's motions are consolidated for purposes of disposition; and it is further,

ORDERED that the branch of respondent's motion seeking leave to reargue the appeal is denied; and it is further,

ORDERED that the branch of respondent's motion seeking leave to appeal to the Appellate Division is granted; and it is further,

ORDERED that respondent's motion for a stay is denied as moot.

Solomon, J., taking no part.

ENTER:

Paul Kenny

Chief Clerk