| Eagle Surgical Supply, Inc. As Assignee of Alan Fenelon v Mercury Cas. Co. |
| Motion No: 2009-01421 kc |
| Slip Opinion No: 2011 NY Slip Op 61425(U) |
| Decided on January 5, 2011 |
| 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
MARSHA L. STEINHARDT, J.P.
MICHAEL L. PESCE
MICHELLE WESTON, JJ.
DECISION & ORDER ON MOTION
| Eagle Surgical Supply, Inc. as Assignee of Alan Fenelon, Respondent, v Mercury Casualty Company, Appellant. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 1, 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 appellant's motion is granted and the opposing papers are deemed timely served and filed; and it is further,
ORDERED that respondent's motion is denied and the appeal shall be perfected by February 4, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 4, 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:
Marsha L. Steinhardt
Justice Presiding