Wellpath Holdings, Inc. v XL Insurance America, Inc.
Motion No: 2021-08206
Slip Opinion No: 2022 NY Slip Op 60503(U)
Decided on January 14, 2022
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

M280941

E/mb

BETSY BARROS, J.P.

REINALDO E. RIVERA

JOSEPH J. MALTESE

WILLIAM G. FORD, JJ.

2021-08206

Wellpath Holdings, Inc., appellant,

v XL Insurance America, Inc., et al.,

respondents, et al., defendants.

(Index No. 54589/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated September 29, 2021. Motion by the appellant for a preference in the calendaring of the appeal or, in the alternative, to calendar this appeal with another, pending appeal.

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

ORDERED that the motion is denied.

BARROS, J.P., RIVERA, MALTESE and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court