Opinion
MOTION NO. 832-17 DOCKET NO. CA 16-01929
09-29-2017
JAMIE LOBELLO, PLAINTIFF-APPELLANT, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-RESPONDENT.
PRESENT:
Respondent having moved for leave to appeal to the Court of Appeals from the order of this Court entered July 7, 2017, and, if leave is granted, for a stay of that portion of the order directing that defendant produce its unredacted claim notes for the September 24, 2009 claim through the date of the denial letters, September 30, 2011, pending determination of the appeal to the Court of Appeals,
Now, upon reading and filing the affidavit of Keith D. Miller, Esq., sworn to August 16, 2017, the notice of motion with proof of service thereof, and the affidavit of Megan E. Grimsley, Esq., sworn to August 30, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks leave to Appeal to the Court of Appeals is granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Was the order of this Court entered July 7, 2017, properly made?
It is further ORDERED that the motion is otherwise granted to the extent that enforcement of the portion of the order of this Court entered July 7, 2017, directing defendant to produce unredacted claim notes for the September 24, 2009, claim through the date of the denial letters, September 30, 2011, is hereby stayed pending determination of the appeal to the Court of Appeals.
Entered: September 29, 2017
Mark W. Bennett, Clerk