Appellate Division: Second Judicial Department

M263418

E/mm

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2019-04454 In the Matter of B.Z. Chiropractic, P.C., respondent, v Allstate Insurance Company, appellant. (Index No. 719878/18)

DECISION & ORDER ON MOTION

2019-04456

In the Matter of B.Z. Chiropractic, P.C.,

respondent, v Allstate Insurance Company,

appellant.

(Index No. 719878/18)

Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, dated February 5, 2019, and April 11, 2019, respectively, to stay all proceedings in the above-entitled action and enforcement of a judgment of the Civil Court of the City of New York, Queens County, dated November 15, 2001, under Civil Court Index No. 70935/00, pending hearing and determination of the appeals from the orders, and to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action and enforcement of the judgment of the Civil Court is granted to the extent that entry of any judgment in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before July 12, 2019, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before July 12, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).

MASTRO, J.P., DILLON, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court