Peace of Mind, Social Work P.C. a/a/o Robert Medina v Mvaic
Motion No: 2009-00778 KC
Slip Opinion No: 2009 NY Slip Op 80340(U)
Decided on July 28, 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 : PESCE, P.J., GOLIA and STEINHARDT, JJ.


NO. 2009-778 K C
PEACE OF MIND, SOCIAL WORK P.C.
a/a/o ROBERT MEDINA,

Respondent,

-against-

MVAIC,

Appellant.

DECISION

On court's own motion, motion by respondent returnable May 14, 2009 and motion by appellant returnable June 10, 2009 are consolidated for purposes of disposition.

That branch of the motion by appellant to file late opposition is granted.

Motion by respondent to dismiss the appeal as untimely is denied (see CPLR 5520 [c]).

That branch of the motion by appellant to deem the notice of appeal as valid is granted.

That branch of the motion to stay enforcement of the judgment pending determination of the appeal is granted on condition that the appeal is perfected by September 4, 2009.