Elmont Open Mri & Diagnostic Radiology, P.C. d/b/a All County Open Mri & Diagnostic Radiology Assignee of Henry Deguerre v American Tr. Ins. Co.

Elmont Open Mri & Diagnostic Radiology, P.C. d/b/a All County Open Mri & Diagnostic Radiology Assignee of Henry Deguerre v American Tr. Ins. Co.

Motion No: 2007-00409 NC

Slip Opinion No: 2007 NYSlipOp 80942(U)

Decided on October 12, 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. 2007-409 N C

ELMONT OPEN MRI & DIAGNOSTIC RADIOLOGY, P.C.
d/b/a ALL COUNTY OPEN MRI & DIAGNOSTIC RADIOLOGY
assignee of HENRY DEGUERRE,

Appellant,

-against-

AMERICAN TRANSIT INSURANCE COMPANY,

Respondent.

DECISION

Motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected by December 7, 2007.

Ordered that in the event the appeal is not perfected on or before December 7, 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.