Matter of Progressive Mountain Insurance Company v Arevalo
Motion No: 2018-13207
Slip Opinion No: 2019 NY Slip Op 71203(U)
Decided on May 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M262842

E/mm

LEONARD B. AUSTIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2018-13207

In the Matter of Progressive Mountain

Insurance Company, appellant,

v Eliseo Arevalo, et al., respondents,

(Index No. 604591/18)

DECISION & ORDER ON MOTION

Motion by the appellant to stay a certain arbitration proceeding pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 18, 2018. Separate motion by the respondent GEICO General Insurance Company to dismiss the appeal on the ground that the order is not an appealable paper.

Upon the papers filed in support of the motion to stay a certain arbitration proceeding and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is denied; and it is further,

ORDERED that the respondents' motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

AUSTIN, J.P., LEVENTHAL, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court