Vinings Spinal Diagnostics As Assignee of Michael Devine v Progressive Cas. Ins. Co.

Vinings Spinal Diagnostics As Assignee of Michael Devine v Progressive Cas. Ins. Co.

Motion No: 2006-01419 NC

Slip Opinion No: 2007 NYSlipOp 64426(U)

Decided on March 2, 2007

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: 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2006-1419 N C

VININGS SPINAL DIAGNOSTICS
as assignee of MICHAEL DEVINE

Appellant,

-against-

PROGRESSIVE CASUALTY INSURANCE COMPANY,

Respondent.

DECISION

Motion by appellant seeking, in essence, to vacate dismissal of the appeal is granted and appeal shall be perfected by May 4, 2007.

Ordered that in the event the appeal is not perfected on or before May 4, 2007, 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.