East 75th St. Diagnostic Imaging, P.C. As Assignee of Raul Gonzalez v Redland Ins. Co.
Motion No: 2010-02261 nc
Slip Opinion No: 2011 NY Slip Op 70807(U)
Decided on April 18, 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.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2010-2261 N C
East 75th Street Diagnostic Imaging, P.C. as Assignee of Raul Gonzalez, Respondent, v Redland Insurance Company, Appellant.

Motion by appellant to vacate an order of this court dated January 11, 2011, which dismissed an appeal from an order of the District Court of Nassau County, First District, entered August 4, 2010.

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