Crossbay Acupuncture, P.C. a/a/o Dwight Stephens v United Serv. Auto. Assn.

Crossbay Acupuncture, P.C. a/a/o Dwight Stephens v United Serv. Auto. Assn.

Motion No: 2005-00592 kc

Slip Opinion No: 2006 NYSlipOp 63468(U)

Decided on February 6, 2006

Appellate Term, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : GOLIA, J.P., RIOS and BELEN, JJ.

NO. 2005-592 K C

CROSSBAY ACUPUNCTURE, P.C.
a/a/o DWIGHT STEPHENS,

Appellant,

-against-

UNITED SERVICE AUTOMOBILE ASSOCIATION,

Respondent.

DECISION

Motion by plaintiff-appellant to vacate dismissal of the appeal is denied without prejudice to renewal upon movant's submission of proper papers sufficient to determine the instant motion (see 22 NYCRR 731.8[b]).

Movant, if so advised, shall furnish this court with sufficient additional information necessary to decide the instant motion, including the name of the associate, in question, the date that he was assigned the cases for appeal, the approximate number of cases assigned to this associate, the date he left, and the date the affiant became aware of the problem. Respondent, if so advised, may submit a response to appellant's renewed submission.