Central Radiology Servs., P.C. Assignee of Adris Ortiz & Loriana Ortiz v Mvaic

Central Radiology Servs., P.C. Assignee of Adris Ortiz & Loriana Ortiz v Mvaic

Motion No: 2008-02093 QC

Slip Opinion No: 2009 NYSlipOp 63691(U)

Decided on February 11, 2009

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, 11th and 13th JUDICIAL DISTRICTS

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

NO. 2008-2093 Q C

CENTRAL RADIOLOGY SERVICES, P.C.
assignee of ADRIS ORTIZ
and LORIANA ORTIZ,

Respondent,

-against-

MVAIC,

Appellant.

DECISION

Motion by respondent to dismiss the appeal as untimely is granted.

The appeal was untimely taken (see CPLR 2103 [b] [2]; CPLR 5513 [a]; Smith v Lefrak Org., 60 NY2d 828 [1983]; Strober King Bldg. Supply Ctrs. v Merkley, 266 AD2d 203 [1999]; Deygoo v Eastern Abstract Corp., 204 AD2d 596 [1994]).