Opinion
Motion No: 2019-01509 RIC
11-29-2019
A.H. Physical Therapy, P.C. as Assignee of Parkes, Julius, Respondent, v. 21st Century Advantage Insurance Company, Sued Herein as A.I.G. Insurance Company, Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Richmond County, entered July 12, 2019. By order to show cause dated October 8, 2019, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that the appeal was not properly taken in that service of the notice of appeal was made upon an attorney who did not represent respondent. Separate application by appellant for an extension of time to cure the omission and to deem the omission cured.
Upon the order to show cause, and the papers filed by appellant in response thereto and in support of the separate application, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted and the omission is deemed cured (see CPLR 5520 [a]).
ENTER:
Paul Kenny
Chief Clerk