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Davis v Long Is. Ins. Co. (2013 NY Slip Op 50297(U))
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Decided on March 1, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Torres, J.P., Schoenfeld, Shulman, JJ 571062/12.
Michael B. Davis and Raymond Wilson, Plaintiffs-Appellants,
against
Long Island Insurance Company, Defendant.
Plaintiff Michael B. Davis appeals from an order of the Civil Court of the City of New York, New York County (Frank P. Nervo, J.), entered November 19, 2012, which granted the motion of the defendant insurer's rehabilitator, nonparty Superintendent of Financial Services of the State of New York, to dismiss the complaint.
Per Curiam.
Order (Frank P. Nervo, J.), entered November 19, 2012, affirmed, without costs.
In dismissing this plenary action against the insolvent defendant insurance carrier, the court gave proper effect to the stay provision of the October 19, 2010 order of rehabilitation prohibiting the commencement or prosecution of any action against defendant (see Insurance Law

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