New York Prop. Ins. Underwriting Assn. As Subrogee of Frances Poole & Everald Poole v Otis Hampton

New York Prop. Ins. Underwriting Assn. As Subrogee of Frances Poole & Everald Poole v Otis Hampton

Motion No: 2008-02279 KC

Slip Opinion No: 2009 NY Slip Op 85103(U)

Decided on September 30, 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., RIOS and STEINHARDT, JJ.

NO. 2008-2279 K C

NEW YORK PROPERTY INSURANCE
UNDERWRITING ASSOCIATION
as subrogee of FRANCES POOLE AND EVERALD POOLE,

Respondent,

-against-

OTIS HAMPTON,

Appellant.

DECISION

Motion by appellant to vacate the dismissal of the appeal is granted and the appeal shall be perfected by December 4, 2009.

Ordered that in the event the appeal is not perfected on or before December 4, 2009, the court, on its own motion, may dismiss the appeal, or the respondents may apply to dismiss the appeal on three days' notice, and may serve such application in person.