Ava Acupuncture, P.C. As Assignee of Rhonda Holloway, Melanie Richardson & Marva Scott v Autoone Ins. Co.
Motion No: 2009-00766 kc
Slip Opinion No: 2010 NY Slip Op 87975(U)
Decided on November 9, 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 of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JOSEPH G. GOLIA

JAIME RIOS, JJ.

DECISION & ORDER ON MOTION

2009-766 K C
Ava Acupuncture, P.C. as Assignee of Rhonda Holloway, Melanie Richardson and Marva Scott, Appellant, v Autoone Ins. Co., Respondent.

Motion by appellant for leave to reargue an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 5, 2008, which was determined by decision and order of this court dated July 29, 2010, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court. Separate motion by respondent for an enlargement of time to serve and file opposition to appellant's motion.

Upon the papers filed in support of the motions, it is

ORDERED, on the court's own motion, that the motions are consolidated for disposition; and it is further,

ORDERED that respondent's motion is granted, and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that appellant's motion is denied.

ENTER:

Paul Kenny

Chief Clerk