Alleviation Medical Services, P.C. v Allstate Insurance Company
Motion No: 2017-09903
Slip Opinion No: 2018 NY Slip Op 84454(U)
Decided on September 26, 2018
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M255705

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2017-09903

Alleviation Medical Services, P.C., etc.,

respondent, v Allstate Insurance Company,

appellant, et al., defendants.

(Appellate Division Docket No. 2015-1847QC;

Civil Court Index No. 53489/11)

DECISION & ORDER ON MOTION

Motion by New York Insurance Association, Inc., and Property Casualty Insurers Association of America for leave to serve and file an amici curiae brief on an appeal from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated August 4, 2017, which affirmed an order of the Civil Court of the City of New York, Queens County, entered April 1, 2015, and for leave to participate in oral argument of the appeal. Separate motion by the respondent to enlarge the time to serve and file its brief.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to serve and file an amici curiae brief is granted, and the amici curiae brief shall be served and filed on the parties on or before October 10, 2018; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief; and it is further,

ORDERED that the branch of the motion which is for leave for the amici curiae to participate in oral argument of the appeal is denied and no oral argument by the amici curiae shall be permitted; and it is further,

ORDERED that the respondent's motion is granted, the respondent's time to serve and file a brief is enlarged until October 25, 2018, and the respondent's brief shall be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court