Gonzalez v. Flushing Hosp. Med. Ctr.

Full title: Maira Gonzalez as Assignee of Geddis Abel Bey, Appellant, v. Flushing…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Mar 13, 2015

2015 N.Y. Slip Op. 68386 (N.Y. App. Term 2015)

Opinion

Motion No: 2014-02764 QC

03-13-2015

Maira Gonzalez as Assignee of Geddis Abel Bey, Appellant, v. Flushing Hospital Medical Center, Defendant, and Breitner & Hoffman, P.C., Respondent.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by respondent Breitner & Hoffman, P.C. to dismiss as untimely an appeal from an order of the Civil Court of the City of New York, Queens County, entered August 14, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the matter is remitted to the Civil Court, Queens County, to hear and report on the issue of whether the order entered August 14, 2014 was served upon appellant's counsel by respondent Breitner & Hoffman, P.C.'s counsel with notice of entry, and, if so, when service was effected; the Civil Court, Queens County, shall hold the hearing and file its report with all convenient speed; and it is further,

ORDERED that the motion is held in abeyance in the interim.

ENTER:

Paul Kenny

Chief Clerk