Med. Care of W. N.Y. v. Allstate Ins. Co.

Full title: MEDICAL CARE OF WESTERN NEW YORK, PLAINTIFF-RESPONDENT, v. ALLSTATE…

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

Date published: Aug 22, 2018

2018 N.Y. Slip Op. 81279 (N.Y. App. Div. 2018)

Opinion

DOCKET NO. CA 18-01209

08-22-2018

MEDICAL CARE OF WESTERN NEW YORK, PLAINTIFF-RESPONDENT, v. ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLANT.

PERADOTTO, DEJOSEPH, NEMOYER, TROUTMAN, AND WINSLOW, JJ.

PRESENT:

Appellant having moved for an extension of time to file a notice of appeal pursuant to CPLR 5520 (a), and for an extension of time perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 1, 2017,

Now, upon reading and filing the affirmation of Jerry Marti, Esq., dated July 3, 2018, the notice of motion with proof of service thereof, and the affirmation of Daniel K. Morris, Esq., dated July 16, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to file the notice of appeal pursuant to CPLR 5520 (a) is granted, and the appeal is deemed to be timely filed and served (see 22 NYCRR 1245.7 [a] [1], [a] [2], [b], [c]), and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before October 1, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: August 22, 2018

Mark W. Bennett, Clerk