Zayas Physical Therapy, P.C. v. Auto One Ins. Co.

Full title: Zayas Physical Therapy, P.C., as Assignee of Maria Perez, Respondent, v…

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

Date published: May 6, 2016

2016 N.Y. Slip Op. 73465 (N.Y. App. Term 2016)

Opinion

Motion No: 2015-01988 KC

05-06-2016

Zayas Physical Therapy, P.C., as Assignee of Maria Perez, Respondent, v. Auto One Ins. Co., Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant to vacate an order of this court dated February 22, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 14, 2015, and for an enlargement of time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to vacate the order of this court dated February 22, 2016 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 July 1, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 1, 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