| Weathers, as assignee of the rights of Rios v Tri State Consumer Insur |
| Motion No: 2016-04608 |
| Slip Opinion No: 2019 NY Slip Op 73536(U) |
| Decided on June 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. |
Appellate Division: Second Judicial Department
M263536
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
CHERYL E. CHAMBERS
JOSEPH J. MALTESE, JJ.
|
2016-04608 Ronald B. Weathers, as assignee of the rights of Alex Rios, respondent, v Tri State Consumer Insurance Company, appellant, et al., defendants. (Index No. 840/15)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 7, 2016, which, upon reargument, was determined by decision and order on motion of this Court dated January 9, 2019, pursuant to CPLR 2004 and 2005 to extend the time to stipulate to the reduced damages award or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion dated January 9, 2019.
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 pursuant to CPLR 2004 and 2005 to extend the time to stipulate to the reduced damages award is denied without prejudice to seeking appropriate relief in the Supreme Court, Kings County; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., RIVERA, CHAMBERS and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court