Superior Med. Equip. & Supply, Inc. a/a/o Hugues Jean-baptiste v Farm Family Cas. Ins. Co.

Superior Med. Equip. & Supply, Inc. a/a/o Hugues Jean-baptiste v Farm Family Cas. Ins. Co.

Motion No: 2007-00815 KC

Slip Opinion No: 2008 NYSlipOp 70454(U)

Decided on April 16, 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 : WESTON PATTERSON, J.P., GOLIA and RIOS, JJ.

NO. 2007-815 K C

SUPERIOR MEDICAL EQUIPMENT & SUPPLY, INC.
a/a/o HUGUES JEAN-BAPTISTE,

Respondent,

-against-

FARM FAMILY CASUALTY INSURANCE COMPANY,

Appellant.

DECISION

Motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected by July 3, 2008.

Ordered that in the event the appeal is not perfected on or before July 3, 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.

The appeal under calendar number 2006-1040 K C will be held in abeyance pending the perfection of the appeal under calendar number 2007-815 K C.