Opinion
2022-61905 Motion 2021-04281 2021-04307
02-17-2022
In the Matter of the Application of The Travelers Home and Marine Insurance Company, s/h/a Travelers Insurance Company, Petitioner-Appellant, v. Elliott Barowitz, Respondent-Respondent, and Zachary Barowitz, Proposed Additional Respondent. Index No. 650092/20 Case No. 2021-04515
Unpublished Opinion
MOTION DECISION
PRESENT: HON. ROLANDO T. ACOSTA, PRESIDING JUSTICE, DAVID FRIEDMAN ANIL C. SINGH PETER H. MOULTON JOHN R. HIGGITT, JUSTICES.
An appeal having been taken to this Court from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about March 11, 2021,
And respondent-respondent having moved to dismiss the appeal (M-2021-04281), And petitioner-appellant having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal and, upon reinstatement, for an extension of time in which to perfect said appeal; and to stay arbitration pending the hearing and determination of the aforesaid appeal (M-2021-04307), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is ordered that respondent-respondent's motion to dismiss the appeal is denied (M-2021-04281), and
It is further ordered that plaintiff-appellant's motion is granted to the extent of vacating the dismissal, reinstating the appeal, and extending the time in which to perfect the appeal to the June 2022 Term of this Court. The motion is otherwise denied (M-2021-04307).