A.M. Med. Servs., P.C. As Assignee of Oleg Ivanov v Liberty Mut. Ins. Co.
Motion No: 2010-02482 qc
Slip Opinion No: 2010 NY Slip Op 91736(U)
Decided on December 16, 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

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2010-2482 Q C
A.M. Medical Services, P.C. as Assignee of Oleg Ivanov, Respondent, v Liberty Mutual Insurance Company, Appellant.

Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered March 4, 2009. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent'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 purposes of disposition; and it is further,

ORDERED that the motion by appellant is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that the motion by respondent is denied and the appeal shall be perfected by January 7, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 7, 2011, 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