| Omega Diagnostic Imaging, P.C. Assignee of Lentz Jean-baptiste v Mvaic |
| Motion No: 2008-02082 kc |
| Slip Opinion No: 2010 NY Slip Op 65924(U) |
| Decided on March 11, 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. |
APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS
| OMEGA DIAGNOSTIC IMAGING, P.C. assignee of LENTZ JEAN-BAPTISTE, Respondent, -against- MVAIC, Appellant. |
DECISION
The branches of the motion by appellant, seeking, in essence, to vacate the dismissal of the appeal and to enlarge the time to perfect the appeal are granted, the order of dismissal is vacated, and the appeal shall be perfected by May 7, 2010.
The branch of the motion by appellant seeking to stay enforcement of the judgment pending determination of the appeal is denied as unnecessary (see CPLR 5519 [a]).
Ordered that in the event the appeal is not perfected on or before May 7, 2010, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.