| MARIA KARIMOVA V PROGRESSIVE INSURANCE COMPANY |
| Motion No: CA 23-00608 |
| Slip Opinion No: 2023 NY Slip Op 67148(U) |
| Decided on May 16, 2023 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
CA 23-00608
| MARIA KARIMOVA,
PLAINTIFF-RESPONDENT, V PROGRESSIVE INSURANCE COMPANY, DEFENDANT-APPELLANT. |
Appellant having moved pursuant to CPLR 5519 [c] for a stay of enforcement in the appeal taken herein from an order of the Supreme Court, Erie County, entered March 17, 2023, and to stay all proceedings in Supreme Court,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks a stay of enforcement of the order appealed pursuant to CPLR 5519 [c] is granted, pending the hearing and determination of the appeal on the condition that appellant perfects the appeal on or before June 9, 2023, and
It is further ORDERED that if so perfected by June 9, 2023, then the appeal shall be added to the term of this Court commencing September 5, 2023, and
It is further ORDERED that the motion insofar as it seeks a stay of proceedings in Supreme Court is denied (see CPLR 2201; Rhodes v Mosher, 115 AD2d 351 [4th Dept 1985].
Entered: May 16, 2023
Ann Dillon Flynn
Clerk of the Court