| Elmont Open Mri & Diagnostic Radiology, P.C. d/b/a All County Open Mri & Diagnostic Radiology Assignee of Eirene Roufanis v State Farm Ins. Co. |
| Motion No: 2009-00140 NC |
| Slip Opinion No: 2009 NY Slip Op 83931(U) |
| Decided on September 21, 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| ELMONT OPEN MRI & DIAGNOSTIC RADIOLOGY, P.C. d/b/a ALL COUNTY OPEN MRI & DIAGNOSTIC RADIOLOGY assignee of EIRENE ROUFANIS, Respondent, -against- STATE FARM INSURANCE COMPANY, Appellant. |
DECISION
On the court's own motion, the order of this court dated July 14, 2009 dismissing the appeal is recalled and vacated.
On the court's further motion, respondent is granted an enlargement of time to submit a respondent's brief, and respondent shall file said brief and cause it to be served within 21 days of the date of the order hereon.
Appellant, if it be so advised, may file a reply brief and cause it to be served within 14 days of the date that the respondent's brief is due to be filed pursuant to this order.
It is noted that the appeal was perfected on July 13, 2009.