Ayoob Khodadadi, M.D., Mri, P.C. As Assignee of David Pierre v Clarendon Natl. Ins. Co.
Motion No: 2010-00915 nc
Slip Opinion No: 2011 NY Slip Op 64625(U)
Decided on February 14, 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

MELVYN TANENBAUM

JOHN R. LaCAVA, JJ.

DECISION & ORDER ON MOTION

2010-915 N C
Ayoob Khodadadi, M.D., MRI, P.C. as Assignee of David Pierre, Respondent, v Clarendon National Insurance Company, Appellant.

Motion by appellant to vacate an order of this court dated September 14, 2010, which dismissed an appeal from an order of the District Court of Nassau County, Third District, entered March 22, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal shall be perfected by April 1, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 1, 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