| Bell Air Med. Supply, LLC As Assignee of Janis Royall, Troy Lesane, Robin Banks, Lance Frazier & Titania Mattis v American Tr. Ins. Co. |
| Motion No: 2010-00643 kc |
| Slip Opinion No: 2011 NY Slip Op 79553(U) |
| Decided on July 21, 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.
JOSEPH G. GOLIA
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| Bell Air Medical Supply, LLC as Assignee of Janis Royall, Troy Lesane, Robin Banks, Lance Frazier and Titania Mattis, Appellant, v American Transit Ins. Co., Respondent. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 25, 2009, for failure to prosecute.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied and the appeal shall be perfected by September 15, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 15, 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