| Maria S. Masigla, P.T., As Assignee of Darwin, Ihuoma v Omni Indem. Co. |
| Motion No: 2018-00258 KC |
| Slip Opinion No: 2018 NY Slip Op 66131(U) |
| Decided on February 28, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Maria S. Masigla, P.T., as Assignee of Darwin, Ihuoma, Respondent, v Omni Indemnity Company, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a decision of the Civil Court of the City of New York, Kings County, dated February 24, 2017, and a judgment of that court entered November 15, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that so much of the appeal as is from the decision dated February 24, 2017 is dismissed, as no appeal lies from a decision (CCA 1702; see Farag v Farag, 4 AD3d 502 [2004]); and it is further,
ORDERED that appellant's motion is granted on condition the appeal be perfected by June 1, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 1, 2018, the court, on its own motion, may vacate the stay, without further notice, or respondent may move to vacate the stay, on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk