| PAULA L. GIBBS V STATE FARM FIRE AND CASUALTY COMPANY |
| Motion No: CA 17-01540 |
| Slip Opinion No: 2018 NY Slip Op 65520(U) |
| Decided on February 22, 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 17-01540
| PAULA L. GIBBS, PLAINTIFF-APPELLANT, V STATE FARM FIRE AND
CASUALTY COMPANY, DEFENDANT-RESPONDENT. |
Appellant having moved, pursuant to CPLR 5519 (c), to stay the trial of this action scheduled to commence on June 21, 2018, pending the hearing and determination of the appeal taken herein from the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 18, 2017, and for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Paula L. Gibbs sworn to January 17, 2018, the notice of motion with proof of service thereof, and the affirmation of Roy A. Mura, Esq., dated February 1, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a stay is denied without prejudice to a motion in Supreme Court for a stay of proceedings (see CPLR 2201; Rhodes v Mosher [115 AD2d 351] [4th Dept 1997]), and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted to the extent that the ordering paragraph of the order of this Court entered November 21, 2017, is hereby amended by deleting the date January 22, 2018, and inserting in its place the date March 22, 2018.
Entered: February 22, 2018
Mark W. Bennett, Clerk