Eastern Med., P.C. As Assignee of Jacqueline Clark v Allstate Ins. Co.

Eastern Med., P.C. As Assignee of Jacqueline Clark v Allstate Ins. Co.

Motion No: 2008-01145 NC

Slip Opinion No: 2009 NY Slip Op 80362(U)

Decided on August 3, 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 : NICOLAI, P.J., TANENBAUM and MOLIA, JJ.

NO. 2008-1145 N C

EASTERN MEDICAL, P.C.
as assignee of JACQUELINE CLARK,

Appellant,

-against-

ALLSTATE INSURANCE COMPANY,

Respondent.

DECISION

Motion by appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by October 2, 2009.

On the court's own motion, the stay contained in the order of this court dated October 29, 2008 is continued on condition that appellant perfects the appeal by October 2, 2009.

Ordered that in the event the appeal is not perfected on or before October 2, 2009, the court on its own motion, may vacate the stay and dismiss the appeal, or the respondent may apply to vacate the stay and dismiss the appeal on three days' notice, and may serve such application in person.