Peace of Mind, Social Work, P.C. a/a/o Robert Medina v Mvaic

Peace of Mind, Social Work, P.C. a/a/o Robert Medina v Mvaic

Motion No: 2009-00778 kc

Slip Opinion No: 2010 NY Slip Op 62578(U)

Decided on February 1, 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 : PESCE, P.J., WESTON and RIOS, JJ.

NO. 2009-778 K C

PEACE OF MIND, SOCIAL WORK, P.C.
a/a/o ROBERT MEDINA,

Respondent,

-against-

MVAIC,

Appellant.

DECISION

The branch of the motion by appellant seeking an enlargement of time to perfect the appeal is granted, and the appeal shall be perfected by March 5, 2010.

The branch of the motion seeking to continue the stay of enforcement of the judgment is denied as unnecessary (see CPLR 5519 [a] [1]).

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 move to dismiss the appeal on three days' notice, and may serve such application in person.