Union Physician Healthcare, P.C. As Assignee of Christopher Kelly v Utica Mut. Ins. Co.

Union Physician Healthcare, P.C. As Assignee of Christopher Kelly v Utica Mut. Ins. Co.

Motion No: 2006-01666 KC

Slip Opinion No: 2007 NYSlipOp 83672(U)

Decided on November 7, 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 : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., WESTON PATTERSON and RIOS, JJ.

NO. 2006-1666 K C

UNION PHYSICIAN HEALTHCARE, P.C.
as assignee of CHRISTOPHER KELLY,

Respondent,

-against-

UTICA MUTUAL INSURANCE COMPANY,

Appellant.

DECISION

Motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected by February 1, 2008.

Ordered that in the event the appeal is not perfected on or before February 1, 2008, 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.