Blackman v. 21st Century Ins. Co.

Full title: Noel E. Blackman, M.D., as Assignee of Barnes, Omari, Appellant, v. 21st…

Court: Appellate Term of the Supreme Court of the State of New York for the 2nd, 11th & 13th Judicial Districts

Date published: Jan 19, 2021

2021 N.Y. Slip Op. 61073 (N.Y. App. Term 2021)

Opinion

Motion No: 2020-00151 KC

01-19-2021

Noel E. Blackman, M.D., as Assignee of Barnes, Omari, Appellant, v. 21st Century Insurance Company, Respondent.

THOMAS P. ALIOTTA, P.J.

MICHELLE WESTON

WAVNY TOUSSAINT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant to vacate an order of this court dated June 22, 2020, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 18, 2019 and restore the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and the order dismissing the appeal is hereby vacated on condition that the appeal be perfected on or before April 12, 2021; and it is further,

ORDERED that in the event the appeal is not perfected by April 12, 2021, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon appellant in person.

ENTER:

Paul Kenny

Chief Clerk