| Infinity Health Prods., Ltd. As Assignee of Brent Smith v Liberty Mut. Fire Ins. Co. |
| Motion No: 2010-00970 qc |
| Slip Opinion No: 2011 NY Slip Op 67109(U) |
| Decided on March 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Infinity Health Products, Ltd. as Assignee of Brent Smith, Respondent, v Liberty Mutual Fire Ins. Co., Appellant. |
Motion by appellant to vacate an order of this court dated November 18, 2010, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered March 5, 2010, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal shall be perfected by June 3, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 3, 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