Delta Diagnostic RADIOLOGY,P.C. As Assignee of Amigbo Chukwama v Lumbermens Mut. Cas. Ins. Co.

Delta Diagnostic RADIOLOGY,P.C. As Assignee of Amigbo Chukwama v Lumbermens Mut. Cas. Ins. Co.

Motion No: 2009-00893 KC

Slip Opinion No: 2009 NY Slip Op 78658(U)

Decided on July 20, 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, J.P., RIOS and STEINHARDT, JJ.

NO. 2009-893 K C

DELTA DIAGNOSTIC RADIOLOGY,P.C.
as assignee of AMIGBO CHUKWAMA,

Appellant,

-against-

LUMBERMENS MUTUAL CASUALTY INS. CO.,

Respondent.

DECISION

Motion by respondent to dismiss appeal for failure to prosecute is granted.

Appellant has failed to perfect the appeal in more than a year since having taken an appeal and fails to set forth a reasonable excuse for such delay.