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

Full title: Acupuncture Healthcare Plaza I, P.C., as Assignee of Sharmaine Cherry…

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

Date published: Dec 24, 2015

2015 N.Y. Slip Op. 95360 (N.Y. App. Term 2015)

Opinion

Motion No: 2015-02411 QC

12-24-2015

Acupuncture Healthcare Plaza I, P.C., as Assignee of Sharmaine Cherry, Appellant, v. State Farm Mutual Automobile Insurance Company, Respondent.

THOMAS P. ALIOTTA, J.P.

MICHAEL L. PESCE

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 3, 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 February 19, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 19, 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