Island Life Chiropractic, P.C. v. Elrac, Inc.

Full title: Island Life Chiropractic, P.C., as Assignee of Stewart Parlo, Appellant…

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

Date published: Jul 13, 2017

2017 N.Y. Slip Op. 80660 (N.Y. App. Term 2017)

Opinion

Motion No: 2017-00798 KC

07-13-2017

Island Life Chiropractic, P.C., as Assignee of Stewart Parlo, Appellant, v. ELRAC, Inc., Respondent.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss, as untimely and for failure to prosecute, an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered March 18, 2016. Cross motion by appellant for costs and sanctions.

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

ORDERED that respondent's motion is denied on condition the appeal be perfected by October 6, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 6, 2017, 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; and it is further,

ORDERED that appellant's cross motion is denied.

Any issues with respect to the settlement of the transcripts should be addressed to the Civil Court.

ENTER:

Paul Kenny

Chief Clerk