| Westchester Radiology & Imaging, P.C., As Assignee of Carlos Tavarez v Global Liberty Ins. Co. of N. Y. |
| Motion No: 2019-00791 KC |
| Slip Opinion No: 2019 NY Slip Op 80103(U) |
| Decided on September 11, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Westchester Radiology and Imaging, P.C., as Assignee of Carlos Tavarez, Respondent, v Global Liberty Insurance Company of New York, Appellant. |
Motion by respondent on an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 3, 2019, to vacate a stay granted by decision and order on motion of this court dated June 18, 2019. Cross motion by appellant to continue the stay.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted on condition that appellant perfect the appeal by December 6, 2019; and it is further,
ORDERED that in the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk