| American Transit Insurance Company v Advanced Orthopaedics PLLC |
| Motion No: 2023-02979 |
| Slip Opinion No: 2023 NY Slip Op 73200(U) |
| Decided on September 13, 2023 |
| 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. |
Appellate Division: Second Judicial Department
M291024
AFA/
MARK C. DILLON, J.P.
ROBERT J. MILLER
BARRY E. WARHIT
LAURENCE L. LOVE, JJ.
|
2023-02979 American Transit Insurance Company, respondent, v Advanced Orthopaedics, PLLC, etc., appellant. (Index No. 702662/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated February 17, 2023. Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal, and to strike stated portions of the respondent's brief on the ground that they improperly raise arguments for the first time on appeal.
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 branch of the motion which is to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal, is denied; and it is further,
ORDERED that the branch of the motion which is to strike stated portions of the respondent's brief on the ground that they improperly raise arguments for the first time on appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
DILLON, J.P., MILLER, WARHIT and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court