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Charles Deng Acupuncture, P.C. v. Mvaic

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Jun 12, 2013
2013 N.Y. Slip Op. 78717 (N.Y. App. Div. 2013)

Opinion

Motion No: 2013-00691 qc

06-12-2013

Charles Deng Acupuncture, P.C. as Assignee of Teddy Ruth, Appellant, v. MVAIC, Respondent.


, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss as untimely an appeal from an order of the Civil Court of the City of New York, Queens County, dated January 29, 2013.

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

ORDERED that the motion is granted, as the notice of appeal was not timely filed (see CPLR 5513 [a]).

It is noted that appellant has not cross-moved for relief pursuant to CPLR 5520 (a), which provides that the court may extend the time to cure an omission in the service or filing of a notice of appeal where the omission was the result of "mistake or excusable neglect."

ENTER:

Paul Kenny

Chief Clerk


Summaries of

Charles Deng Acupuncture, P.C. v. Mvaic

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Jun 12, 2013
2013 N.Y. Slip Op. 78717 (N.Y. App. Div. 2013)
Case details for

Charles Deng Acupuncture, P.C. v. Mvaic

Case Details

Full title:Charles Deng Acupuncture, P.C. as Assignee of Teddy Ruth, Appellant, v…

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

Date published: Jun 12, 2013

Citations

2013 N.Y. Slip Op. 78717 (N.Y. App. Div. 2013)