Hamilton Equity Grp., LLC v. S. Wellcare Med., P.C.

Full title: HAMILTON EQUITY GROUP, LLC, AS ASSIGNEE OF HSBC BANK USA, NATIONAL…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: May 1, 2017

2017 N.Y. Slip Op. 72595 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-00786

05-01-2017

HAMILTON EQUITY GROUP, LLC, AS ASSIGNEE OF HSBC BANK USA, NATIONAL ASSOCIATION, PETITIONER-RESPONDENT, v. SOUTHERN WELLCARE MEDICAL, P.C., DEFENDANT-APPELLANT.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 8, 2016, and respondent having cross-moved to dismiss the appeal for failure to perfect timely the appeal,

Now, upon reading and filing the affidavits of Alexander Kadochnikov, Esq., sworn to April 14, 2017, and April 28, 2017, the affidavit of Kyle C. DiDone, Esq., sworn to April 24, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion is granted, on the condition that appellant perfects the appeal on or before June 30, 2017, and

It is hereby ORDERED that respondents cross motion is denied.

Entered: May 1, 2017

Frances E. Cafarell, Clerk