| Walton Med. Care, P.C. As Assignee of Mascimilano Aquino v Travelers Ins. Co. |
| Motion No: 2009-02039 kc |
| Slip Opinion No: 2010 NY Slip Op 78354(U) |
| Decided on July 27, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Walton Medical Care, P.C. as Assignee of Mascimilano Aquino, Appellant, v Travelers Insurance Company, Respondent. |
Motion by appellant to vacate an order of this court dated February 18, 2010 which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 9, 2008.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,
ORDERED that the motion by appellant to vacate the dismissal of the appeal is granted and the appeal shall be perfected by October 1, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 1, 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.
ENTER:
Paul Kenny
Chief Clerk