| Omega Diagnostic Imaging, P.C. Assignee of Lentz Jean-baptiste v Mvaic |
| Motion No: 2008-02082 KC |
| Slip Opinion No: 2009 NY Slip Op 87727(U) |
| Decided on October 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. |
APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS
| OMEGA DIAGNOSTIC IMAGING, P.C. assignee of LENTZ JEAN-BAPTISTE, Respondent, -against- MVAIC, Appellant. |
DECISION
On the court's own motion, motions by appellant returnable September 3, 2009 and September 15, 2009 are consolidated for purposes of disposition.
Motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected by December 4, 2009.
Motion by appellant to stay enforcement of the judgment pending determination of the appeal is denied as unnecessary (see CPLR 5519 [a]).
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.