Fair Price Medical Supply Corp., a/a/o Nivelo v Travelers I

Fair Price Medical Supply Corp., a/a/o Nivelo v Travelers I

Motion No: 2006-02763

Slip Opinion No: 2007 NYSlipOp 78445(U)

Decided on September 19, 2007

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

M59375

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2006-02763
Fair Price Medical Supply Corp., a/a/o Cesar
Nivelo, respondent, v Travelers Indemnity
Company, appellant.
(Index No. 303418/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from an opinion and order of this court dated June 12, 2007, which affirmed an order of the Appellate Term, Second and Eleventh Judicial Districts, dated August 17, 2005, and to stay the calculation of statutory interest and mandatory attorney's fees pending hearing and determination of the appeal if leave to appeal is granted.

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

ORDERED that the branch of the motion which is to stay the calculation of statutory interest and mandatory attorney's fees is denied without prejudice to renewal in the Court of Appeals; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this court dated June 12, 2007, properly made?

Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).

PRUDENTI, P.J., MASTRO, SANTUCCI and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court