Crossbay Acupuncture, PC a/a/o Dwight Stephens v United Serv. Auto. Assn.

Crossbay Acupuncture, PC a/a/o Dwight Stephens v United Serv. Auto. Assn.

Motion No: 2005-00592 KC

Slip Opinion No: 2006 NYSlipOp 77100(U)

Decided on October 2, 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. 2005-592 K C

CROSSBAY ACUPUNCTURE, PC
a/a/o DWIGHT STEPHENS,

Appellant,

-against-

UNITED SERVICE AUTOMOBILE ASSOCIATION,

Respondent.

DECISION

Motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected by December 1, 2006.

Ordered that in the event the appeal is not perfected on or before December 1, 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.