Acupuncture Healthcare Plaza I, P.C. v. State Farm Mut. Auto. Ins. Co.

Full title: Acupuncture Healthcare Plaza I, P.C. as Assignee of Moises Filpo-Estrella…

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

Date published: Nov 23, 2015

2015 N.Y. Slip Op. 91798 (N.Y. App. Term 2015)

Opinion

Motion No: 2015-02203 QC

11-23-2015

Acupuncture Healthcare Plaza I, P.C. as Assignee of Moises Filpo-Estrella, Appellant, v. State Farm Mutual Automobile Ins. Co., Respondent.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered November 5, 2014, for failure to prosecute.

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

ORDERED that the motion is denied and the appeal shall be perfected by January 8, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 8, 2016, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk