| KIMBERLY RICKARD V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY |
| Motion No: CA 18-00131 |
| Slip Opinion No: 2018 NY Slip Op 64830(U) |
| Decided on February 21, 2018 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-00131
| KIMBERLY RICKARD, PLAINTIFF-RESPONDENT, V NEW YORK CENTRAL
MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT. |
Appellant having moved, pursuant to CPLR 5519 (c), for a stay of all proceedings to enforce the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 4, 2018, pending the hearing and determination of the appeal taken herein from said order,
Now, upon reading and filing the affidavit of Victor M. Wright, Esq., sworn to January 25, 2018, the notice of motion with proof of service thereof, and the amended affirmation of Michael D. Hollenbeck, Esq., dated February 1, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and all proceedings to enforce the order appealed are hereby stayed pursuant to CPLR 5519 (c), pending the hearing and determination of the appeal on the condition that appellant perfects the appeal on or before March 19, 2018, and if so perfected, the appeal shall be added to the term of this Court commencing May 14, 2018.
Entered: February 21, 2018
Mark W. Bennett, Clerk