| Childs Play of New City Patricia Tesi, otr/l, As Assignee of Amelia Dossantos v Global Liberty Ins. Co. of N. Y. |
| Motion No: 2018-01286 KC |
| Slip Opinion No: 2018 NY Slip Op 80889(U) |
| Decided on August 10, 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
| Childs Play of New City Patricia Tesi, Otr/L, as Assignee of Amelia DosSantos, Respondent, v Global Liberty Insurance Company of New York, Appellant. |
Motion by appellant, in effect, to deem a notice of appeal taken from an order of the Civil Court of the City of New York, Kings County, purportedly entered April 26, 2018, to be a valid notice of appeal from an order of that court entered April 17, 2018, and for a stay pending the determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking, in effect, to deem the notice of appeal to be a valid notice of appeal from an order of that court entered April 17, 2018 is granted (see CPLR 5520 [c]); and it is further,
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition the appeal be perfected by October 5, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 5, 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