Lexington Family Chiropractic Care, P.C. v. American Transit Ins. Co.

Full title: Lexington Family Chiropractic Care, P.C. as Assignee of Rafael Tiburcio…

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

Date published: Nov 1, 2011

2011 N.Y. Slip Op. 89714 (N.Y. App. Term 2011)

Opinion

2010-3157 K C

11-01-2011

Lexington Family Chiropractic Care, P.C. as Assignee of Rafael Tiburcio, Respondent, v. American Transit Insurance Co., Appellant.

MICHAEL L. PESCE

, P.J.

JAIME A. RIOS

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant to vacate an order of this court dated July 14, 2011, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 6, 2010.

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 appeal shall be perfected by January 6, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 6, 2012, 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.

ENTER:

Paul Kenny

Chief Clerk