Dan Med., P.C. a/a/o Rose Diogene v New York Cent. Mut. Ins. Co.

Dan Med., P.C. a/a/o Rose Diogene v New York Cent. Mut. Ins. Co.

Motion No: 2006-00044 qc

Slip Opinion No: 2006 NYSlipOp 66031(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 : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.

NO. 2006-44 Q C

DAN MEDICAL, P.C.
a/a/o ROSE DIOGENE,

Appellant,

-against-

NEW YORK CENTRAL MUTUAL INSURANCE CO.,

Respondent.

DECISION

That branch of the motion by defendant-respondent to dismiss the appeal as untimely is denied (CPLR 5513 [a]; CPLR 2103 [b] [2]).

That branch of the motion to dismiss the appeal for failure to prosecute is denied on condition that the appeal is perfected by June 2, 2006; otherwise motion granted and appeal dismissed.