Wellpath Holdings, Inc. v XL Insurance America, Inc.
Motion No: 2021-08206
Slip Opinion No: 2022 NY Slip Op 64011(U)
Decided on April 4, 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

M282254

MB/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

DEBORAH A. DOWLING, 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 American Property Casualty Insurance Association for leave to file an amicus curiae brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the amicus curiae brief shall be served and filed via NYSCEF on or before April 25, 2022; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after the service upon them of the amicus curiae brief.

BARROS, J.P., CHAMBERS, MILLER and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court