Eagle Surgical Supply, Inc. a/a/o Christopher Greenidge v Unitrin Advantage Ins. Co.

Eagle Surgical Supply, Inc. a/a/o Christopher Greenidge v Unitrin Advantage Ins. Co.

Motion No: 2008-01534 KC

Slip Opinion No: 2009 NY Slip Op 87069(U)

Decided on October 26, 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 : GOLIA, J.P., PESCE and RIOS, JJ.

NO. 2008-1534 K C

EAGLE SURGICAL SUPPLY, INC.
a/a/o CHRISTOPHER GREENIDGE,

Appellant,

-against-

UNITRIN ADVANTAGE INSURANCE COMPANY,

Respondent.

DECISION

Motion by respondent to dismiss appeal for failure to prosecute is denied, 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 respondent may apply to dismiss the appeal on three days' notice, and may serve such application in person.