In the Matter of the Application for a Stay of Arbitration of Progressive Insurance Company

Motion No: M-738

Slip Opinion No: 2019 NYSlipOp 64762(U)

Decided on March 7, 2019

Appellate Division, First 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.

March 7, 2019

In the Matter of the Application for

a Stay of Arbitration of

Progressive Insurance Company, Petitioner-Appellant,

v

Fern Bartner and Clay Bartner,

Respondents-Respondents.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about

November 5, 2018, and said appeal having been perfected, And petitioner-appellant having moved for a stay of arbitration, scheduled for March 25, 2019, pending hearing and determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: March 7, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Troy K. Webber Cynthia S. Kern Anil C. Singh,Justices

M-738

Index No. 652286/18