Opinion
Motion No: 2014-00845 QC
09-10-2014
Dr. Leon Dondysh as Assignee of Linda Lawyer, Respondent, v. Travelers Insurance Co., Appellant.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of appeals from a judgment of the Civil Court of the City of New York, Queens County, entered September 18, 2013, and an order of the same court dated January 10, 2014, to vacate or modify the judgment, for leave to submit the appeals on an abridged record dispensing with the minutes of the trial, or, in the alternative, for summary reversal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking a stay is granted on condition the appeal be perfected by December 5, 2014; and it is further,
ORDERED that in the event the appeals are not perfected on or before December 5, 2014, 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; and it is further,
ORDERED that the branch of the motion seeking to submit the appeals on an abridged record is denied (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] § 731.1); and it is further,
ORDERED that the branches of the motion seeking summary reversal and to vacate or modify the judgment are denied.
Appellant, if so advised, may move in the Civil Court to reconstruct the record.
ENTER:
Paul Kenny
Chief Clerk