| Boai Zhong Yi Acupuncture Servs. P.C. Aao Mykhaylo Pistsov v Progressive Cas. Ins. Co |
| Motion No: 2005-01567 qc |
| Slip Opinion No: 2006 NYSlipOp 66049(U) |
| Decided on March 30, 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| BOAI ZHONG YI ACUPUNCTURE SERVICES P.C. AAO MYKHAYLO PISTSOV, Appellant, -against- PROGRESSIVE CASUALTY INSURANCE CO, Respondent. |
DECISION
Motions by defendant-respondent for an enlargement of time to submit a respondent's brief and to dismiss the appeal as untimely are consolidated on the court's own motion for disposition.
Motion to dismiss the appeal denied. The notice of entry failed correctly to assert the entry date of the order from which the appeal is taken (see CPLR 5016 [a]; 5513 [a]; Matter of Halpin v Perales, 203 AD2d 675, 677 [1994]; Ping Lum v YWCA, 136 AD2d 972 [1988]; Nagin v Long Is. Sav. Bank, 94 AD2d 710 [1983]).
Motion to enlarge time to submit a respondent's brief granted and the brief shall be filed and served within 21 days of the date of the order hereon. Appellant, if it be so advised, may file and serve a reply brief within 14 days of the filing of respondent's brief.