| Continental Med. Acupuncture Svcs., et al. v Travelers Ins. Co. |
| Motion No: 570054/06 |
| Slip Opinion No: 2006 NYSlipOp 65913(U) |
| Decided on March 22, 2006 |
| Appellate Term, First 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. |
March 22, 2006
Continental Med. Acupuncture Svcs., et al. v Travelers Ins. Co.
It is Ordered that the motion to dismiss the appeal as untimely is denied. The notice of entry indicated that the order was entered on September 6, 2005. No such Civil Court Clerk's office "filed" or "entered "stamp appears on the order. The notice of entry must correctly state when and where the judgment or order appealed from was entered. The party seeking to limit the time of another to take an appeal must be held strictly to the rules of practice and failure to comply therewith may not be overlooked (see Nagin v. Long Island Savings Bank, 94 AD2d 710 {1983] ). The cross-motion for consolidation of this appeal with "Statewide Medical Services (a/a/o Earl Chambers) v. Travelers Insurance Company" - Bronx Civil Court index # 86159/03- is granted. The appeals may proceed on one set of records on appeal and one set of briefs.
By: McCooe, J.P., Davis, Gangel-Jacob, J.J.
Motion No. 570054/06