| 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 90605(U) |
| Decided on December 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| 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 the appeal is dismissed.
On the court's own motion, the appeal is held in abeyance and the stay contained in the order of this court dated October 29, 2008 is continued on condition that the appeal is perfected by February 5, 2010.
Ordered that in the event the appeal is not perfected on or before February 5, 2010, the court, on its own motion, may vacate the stay and dismiss the appeal, or respondent may move to vacate the stay and dismiss the appeal on three days' notice, and may serve such application in person.
In appears that the sole shareholder of plaintiff corporation is now deceased and no one has as yet been appointed who is authorized to act on behalf of the corporation (see Ocean Diagnostic Imaging, P.C. v Merchant's Mut. Ins. Co., 15 Misc 3d [App Term, 2d & 11th Jud Dists 2007]). Accordingly, the motion purportedly made on behalf of appellant by its counsel is dismissed and the appeal held in abeyance on the terms set forth above.