| Ortho Prods. & Equip., Inc. As Assignee of Daniel Robinson, Nicholas Manickchand & Bradley Forbes v Interboro Ins. Co. |
| Motion No: 2011-00551 kc |
| Slip Opinion No: 2011 NY Slip Op 78861(U) |
| Decided on July 18, 2011 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Ortho Products & Equipment, Inc. as Assignee of Daniel Robinson, Nicholas Manickchand and Bradley Forbes, Respondent, v Interboro Ins. Co., Appellant. |
Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 16, 2010, pursuant to CPLR 5520 (a), to extend the time to serve on respondent a notice of appeal, which was timely filed, and for a stay pending the determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking, pursuant to CPLR 5520 (a), to extend the time to serve a notice of appeal on respondent is granted, and the notice of appeal is deemed timely served on respondent; and it is further,
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition the appeal be perfected by October 7, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 7, 2011, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk