VE Med. Care, P.C. v. Country-Wide Ins. Co.

Full title: VE Medical Care, P.C. as Assignee of Raul Rodriguez, Appellant, v…

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

Date published: Nov 28, 2011

2011 N.Y. Slip Op. 91010 (N.Y. App. Term 2011)

Opinion

2010-01695 K C

11-28-2011

VE Medical Care, P.C. as Assignee of Raul Rodriguez, Appellant, v. Country-Wide Ins. Co., Respondent.

MARSHA L. STEINHARDT

, J.P.

MICHAEL L. PESCE

MICHELLE WESTON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant to vacate an order of this court dated November 18, 2010, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County entered March 9, 2010.

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

ORDERED that the motion is denied.

Appellant has failed to show good cause why it did not perfect the appeal in a timely manner (see, Rules of the App Term, 2nd, 11th & 13th Jud Dists [22 NYCRR] § 732.8). Nor has appellant set forth any merit to the appeal. With regard to allegedly not having received notice from the court regarding "a time frame to perfect the appeal," the court's rules clearly advise an appellant when an appeal is to perfected. The notice is a mere courtesy.

ENTER:

Paul Kenny

Chief Clerk