| Matter of Government Employees Insurance Company v Kul |
| Motion No: 2018-14854 |
| Slip Opinion No: 2019 NY Slip Op 70773(U) |
| Decided on May 16, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M262645
E/mm
ALAN D. SCHEINKMAN, P.J.
LEONARD B. AUSTIN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2018-14854 In the Matter of Government Employees Insurance Company, appellant, v Edward Kul, respondent. (Index No. 518035/18)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 14, 2018, on the ground that the appellant waived its right to stay the underlying arbitration by participating in the arbitration or, in the alternative, to extend the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is extended until June 17, 2019, and the respondent's brief shall be served and filed on or before that date.
SCHEINKMAN, P.J., AUSTIN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court