Citywide Social Work & Psychological Svcs PLLC a/a/o Movsum Movsumov v Progressive Northeastern Ins. Co.

Citywide Social Work & Psychological Svcs PLLC a/a/o Movsum Movsumov v Progressive Northeastern Ins. Co.

Motion No: 2008-01781 KC

Slip Opinion No: 2008 NYSlipOp 91461(U)

Decided on December 8, 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 STEINHARDT, JJ.

NO. 2008-1781 K C

CITYWIDE SOCIAL WORK AND
PSYCHOLOGICAL SVCS PLLC
a/a/o MOVSUM MOVSUMOV,

Appellant,

-against-

PROGRESSIVE NORTHEASTERN INSURANCE CO.,

Respondent.

DECISION

Motion by respondent, in essence, to dismiss the appeal as untimely filed is denied (CPLR 5513 [a]; CPLR 2103 [b] [2]; CPLR 5016 [a]), and appeal shall be perfected by appellant by February 6, 2009.

Ordered that in the event the appeal is not perfected on or before February 6, 2009, 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.