Iav Med. Supply, Inc. As Assignee of Julia Caldas v Progressive Ins. Co.

Iav Med. Supply, Inc. As Assignee of Julia Caldas v Progressive Ins. Co.

Motion No: 2009-00515 RIC

Slip Opinion No: 2010 NY Slip Op 60708(U)

Decided on January 6, 2010

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 : WESTON, J.P., GOLIA and STEINHARDT, JJ.

NO. 2009-515 RI C

IAV MEDICAL SUPPLY, INC.
as assignee of JULIA CALDAS,

Respondent,

-against-

PROGRESSIVE INSURANCE COMPANY,

Appellant.

DECISION

Motion by appellant to vacate the order of dismissal dated September 17, 2009 and to enlarge time to perfect the appeal is granted, and the appeal shall be perfected by March 5, 2010.

Ordered that in the event the appeal is not perfected on or before March 5, 2010, 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.