D & R Med. Supply a/a/o Antonia Armstrong v American Tr. Ins. Co.

D & R Med. Supply a/a/o Antonia Armstrong v American Tr. Ins. Co.

Motion No: 2009-01410 kc

Slip Opinion No: 2010 NY Slip Op 63374(U)

Decided on February 5, 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 STEINHARDT, JJ.

NO. 2009-1410 K C

D & R MEDICAL SUPPLY
A/A/O ANTONIA ARMSTRONG,

Respondent,

-against-

AMERICAN TRANSIT INS. CO.,

Appellant.

DECISION

Motion by appellant to vacate the dismissal of the appeal is granted, and the appeal shall be perfected by April 2, 2010.

Ordered that in the event the appeal is not perfected on or before April 2, 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.