| 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 73101(U) |
| Decided on May 16, 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
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| Eagle Surgical Supply, Inc. as Assignee of Alan Fenelon, Respondent, v Mercury Casualty Company, Appellant. |
Motion by appellant to vacate an order of this court dated February 17, 2011, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 1, 2009.
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 is reinstated; and it is further,
ORDERED, on the court's own motion, that an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by July 1, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 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