First Help Acupuncture, P.C. a/a/o Josef Marcus & Karla Flores v Liberty Mut. Ins. Co.

First Help Acupuncture, P.C. a/a/o Josef Marcus & Karla Flores v Liberty Mut. Ins. Co.

Motion No: 2009-00284 KC

Slip Opinion No: 2009 NY Slip Op 92646(U)

Decided on December 24, 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 : RIOS, J.P., PESCE and GOLIA, JJ.

NO. 2009-284 K C

FIRST HELP ACUPUNCTURE, P.C.
a/a/o JOSEF MARCUS and KARLA FLORES,

Appellant,

-against-

LIBERTY MUTUAL INSURANCE COMPANY,

Respondent.

DECISION Motion by respondent to dismiss the appeal as untimely taken is held in abeyance and the matter is remitted to the Civil Court for a hearing on the issue of whether respondent properly served appellant with a copy of the order that is the subject of this appeal with notice of entry on December 19, 2007. The Civil Court shall hear and file its report on the issue with all convenient speed.