NEW HORIZON SURGICAL CTR., LLC v. TRAVELERS INSURANCE

Motion No. 2016-02704 RIC.

2017 NY Slip Op 63530(U)

NEW HORIZON SURGICAL CENTER, LLC, AS ASSIGNEE OF KELVYN AGUILAR, Respondent, v. TRAVELERS INSURANCE, Appellant.

Supreme Court, Appellate Term, Second Department.


Motion by appellant for a stay pending the determination an appeal from an order of the Civil Court of the City of New York, Richmond County, entered September 22, 2016. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion.

DECISION & ORDER ON MOTION

Upon the papers filed in support of the motions, it is

ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,

ORDERED that respondent's motion is granted and the papers in opposition are deemed timely served and filed; and it is further,

ORDERED that appellant's motion is granted on condition that the appeal be perfected by April 7, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 7, 2017, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days' notice, and may serve such application in person.


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