Great Wall Acupuncture PC a/a/o Basilio Mulero-mojica v State Farm Ins. Co.

Great Wall Acupuncture PC a/a/o Basilio Mulero-mojica v State Farm Ins. Co.

Motion No: 2005-00562 kc

Slip Opinion No: 2006 NYSlipOp 66038(U)

Decided on March 29, 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. 2005-562 K C

GREAT WALL ACUPUNCTURE PC
a/a/o BASILIO MULERO-MOJICA,

Appellant,

-against-

STATE FARM INS. CO.,

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.