Continental Med. P.C. a/a/o Mildred Martinez v Mvaic

Continental Med. P.C. a/a/o Mildred Martinez v Mvaic

Motion No: 2008-00078 KC 01-27-2009

Slip Opinion No: 2009 NYSlipOp 65255(U)

Decided on February 24, 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 and 11th JUDICIAL DISTRICTS

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

NO. 2008-78 K C

CONTINENTAL MEDICAL P.C.
a/a/o MILDRED MARTINEZ,

Respondent,

-against-

MVAIC,

Appellant.

DECISION

On this court's own motion, the order of this court dated July 17, 2008, dismissing the appeal is recalled and vacated.

The order of this court dated July 23, 2008, which dismissed the appeal as untimely (CPLR 5513 [a]), remains in full force and effect.