| Michael Daras, M.D. As Assignee of John Franz v Geico Ins. Co. |
| Motion No: 2011-01540 qc |
| Slip Opinion No: 2011 NY Slip Op 78137(U) |
| Decided on July 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
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Michael Daras, M.D. as Assignee of John Franz, Appellant, v GEICO Ins. Co., Respondent. |
Motion by respondent to dismiss as untimely an appeal from an order of the Civil Court of the City of New York, Queens County, entered April 28, 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 is dismissed (see CPLR
5513 [a]).
ENTER:
Paul Kenny
Chief Clerk