Elmont Open Mri & Diagnostic Radiology, P.C. d/b/a All County Open Mri & Diagnostic Radiology As Assignee of Eun Sook Sur v Progressive Ins. Co.
Motion No: 2008-02211 NC
Slip Opinion No: 2009 NYSlipOp 70204(U)
Decided on April 14, 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 : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., SCHEINKMAN and LaCAVA, JJ.

NO. 2008-2211 N C
ELMONT OPEN MRI & DIAGNOSTIC
RADIOLOGY, P.C. d/b/a ALL COUNTY OPEN
MRI & DIAGNOSTIC RADIOLOGY as assignee
of EUN SOOK SUR,

Respondent,

-against-

PROGRESSIVE INSURANCE COMPANY,

Appellant.

DECISION Motion by respondent to dismiss appeal as untimely taken is held in abeyance, and the matter is remitted to the court below for a hearing and the court below shall hear and report on the issue of whether proper service of the order which is the subject of this appeal was made, and, if so, when that service was made. The court below is to file its report with all convenient speed.