Nationwide Ins. Co. of Am., As Subrogee of Derek Scheer v Town of Oyster Bay
Motion No: 2019-00860 NC
Slip Opinion No: 2019 NY Slip Op 75065(U)
Decided on June 28, 2019
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

THOMAS A. ADAMS, P.J.

JERRY GARGUILO

TERRY JANE RUDERMAN, JJ.

DECISION & ORDER ON MOTION

2019-860 N C
Nationwide Insurance Company of America, as Subrogee of Derek Scheer, Respondent, v Town of Oyster Bay, Appellant, and Donald Bruwer, Defendant.

Motion by appellant Town of Oyster Bay and defendant Donald Bruwer to stay the enforcement of a judgment of the District Court of Nassau County, First District, entered February 7, 2019, pending the determination of an appeal therefrom.

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

ORDERED that so much of the motion as was brought by appellant Town of Oyster Bay is denied as unnecessary (see CPLR 5519 [a] [1]); and it is further,

ORDERED that so much of the motion as was brought by defendant Donald Bruwer is dismissed, as that defendant did not file a notice of appeal.

ENTER:

Paul Kenny

Chief Clerk