Ava Acupuncture, P.C. As Assignee As Guillermo Erroch v Nationwide Mut. Ins. Co.

Ava Acupuncture, P.C. As Assignee As Guillermo Erroch v Nationwide Mut. Ins. Co.

Motion No: 2007-01373 QC

Slip Opinion No: 2008 NYSlipOp 68711(U)

Decided on April 2, 2008

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 GOLIA, JJ.

NO. 2007-1373 Q C

AVA ACUPUNCTURE, P.C.
as assignee as GUILLERMO ERROCH,

Respondent,

-against-

NATIONWIDE MUTUAL INSURANCE COMPANY,

Appellant.

DECISION

Motion by appellant to vacate dismissal of the appeal is denied.

Movant fails to make a specific showing of merit to the appeal. Furthermore, it fails to show good cause for its omission to timely perfect the appeal (see Rules of App Term, 2d & 11th Jud Dists [22 NYCRR] § 731.8 [a]).

The court rules clearly advise an appellant when an appeal is to be perfected.