| East Acupuncture, P.C. v Allstate Ins. Co. |
| Motion No: 2007-06793 |
| Slip Opinion No: 2008 NYSlipOp 68574(U) |
| Decided on April 7, 2008 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M68702
E/sl
DAVID S. RITTER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2007-06793 East Acupuncture, P.C., appellant, v Allstate Ins. Co., respondent. (Index No. 75115/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent, in effect, to recall and vacate an order on application of this court dated March 11, 2008, enlarging the appellants' time to perfect an appeal, by permission, from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated May 24, 2007, and to dismiss the appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the application, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 15, 2008, and the respondent's brief must be served and filed on or before that date.
RITTER, J.P., COVELLO, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court