First Aid Occupational Therapy, PLLC & Horton Med., P.C. As Assignee of Jose Carrillos v Autoone Ins. Co.

First Aid Occupational Therapy, PLLC & Horton Med., P.C. As Assignee of Jose Carrillos v Autoone Ins. Co.

Motion No: 2010-02530 kc

Slip Opinion No: 2011 NY Slip Op 80217(U)

Decided on July 27, 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 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JOSEPH G. GOLIA

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2010-2530 K C

First Aid Occupational Therapy, PLLC and Horton Medical, P.C. as Assignee of Jose Carrillos, Appellants, v Autoone Insurance Company, Respondent.

Motion by appellants to vacate an order of this court dated May 19, 2011, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, dated July 21, 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 October 7, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 7, 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