Opinion
2021-75345 Motion 2021-00044 QC
11-24-2021
Rockaway Medical & Diagnostic, P.C., As Assignee of Ramon Ortiz, Appellant, v. State Farm Mutual Insurance Co., Respondent.
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, DONNA-MARIE E. GOLIA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Queens County, entered October 21, 2020. This court has been advised that appellant's counsel has died. The appeal was dismissed for failure to prosecute by Order of Dismissal dated October 18, 2021, after counsel died.
Now, on the court's own motion, it is
ORDERED that the Order of Dismissal dated October 18, 2021 is hereby vacated; and it is further, ORDERED that pursuant to CPLR 321 all proceedings in the above-entitled appeal are stayed until December 27, 2021; and it is further, ORDERED that on or before December 27, 2021, the appellant shall retain counsel and counsel shall file a notice of appearance on its behalf; and it is further, ORDERED that in the event that appellant does not comply with the above-stated directives, the Court shall dismiss the appellant's appeal, without further notice; and it is further, ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion on the parties and their attorneys by regular mail.