Pain Mgmt. Ctr. v. All Car Rent-A-Car

Full title: Pain Management Center of New Jersey, P.C. as Assignee of Melissa Ann…

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

Date published: Dec 23, 2015

2015 N.Y. Slip Op. 95337 (N.Y. App. Term 2015)

Opinion

Motion No: 2015-00226 KC

12-23-2015

Pain Management Center of New Jersey, P.C. as Assignee of Melissa Ann Mowatt, Respondent, v. All Car Rent-A-Car, Appellant.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by appellant to vacate an order of this court dated September 21, 2015, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 14, 2014, and for an enlargement of time to perfect the appeal.

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

ORDERED that the branch of the motion seeking to vacate the order of this court dated September 21, 2015 is granted; and it is further,

ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by February 5, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 5, 2016, 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