Allstate Indem. Co. As Subrogee of Ervin Frazier v Budget Rent A Car

Allstate Indem. Co. As Subrogee of Ervin Frazier v Budget Rent A Car

Motion No: 2004-01506 qc

Slip Opinion No: 2006 NYSlipOp 66019(U)

Decided on March 28, 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 : PESCE, P.J., WESTON PATTERSON and BELEN, JJ.

NO. 2004-1506 Q C

ALLSTATE INDEMNITY COMPANY
AS SUBROGEE OF ERVIN FRAZIER,

Respondent,

-against-

BUDGET RENT A CAR,

Appellant,

-and-

MICAH WHEELER,

Defendant.

DECISION

Motion by defendant-appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by May 5, 2006; otherwise motion denied.