Bath Med. Supply, Inc. a/a/o Maria Cruz v Allstate Ins. Co.

Bath Med. Supply, Inc. a/a/o Maria Cruz v Allstate Ins. Co.

Motion No: 2005-01993 kc

Slip Opinion No: 2006 NYSlipOp 74836(U)

Decided on August 17, 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., GOLIA and RIOS, JJ.

NO. 2005-1993 K C

BATH MEDICAL SUPPLY, INC.
a/a/o MARIA CRUZ ,

Appellant,

-against-

ALLSTATE INSURANCE COMPANY,

Respondent.

DECISION

Motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected by November 3, 2006.

Ordered that in the event the appeal is not perfected on or before November 3, 2006, the court on its own motion, may dismiss the appeal, or the respondent may apply to dismiss the appeal on three days notice, and may serve such application in person.