Delta Diagnostic, P.C. As Assignee of Jefferson Zelon v Progressive Ins. Co.

Delta Diagnostic, P.C. As Assignee of Jefferson Zelon v Progressive Ins. Co.

Motion No: 2006-00138 qc

Slip Opinion No: 2006 NYSlipOp 67749(U)

Decided on April 14, 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. 2006-138 Q C

DELTA DIAGNOSTIC, P.C.
as assignee of JEFFERSON ZELON,

Appellant,

-against-

PROGRESSIVE INS. CO.,

Respondent.

DECISION

Motion by defendant-respondent to dismiss appeal for failure to prosecute is granted.