| Elmont Open Mri & Diagnostic Radiology, P.C. Doing Bus. As All County Open Mri & Diagnostic Radiology As Assignee of Daniel Rubino v Electric Ins. Co. |
| Motion No: 2010-02376 nc |
| Slip Opinion No: 2011 NY Slip Op 86968(U) |
| Decided on October 14, 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 9th & 10th judicial Districts
MELVYN TANENBAUM, J.P.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Elmont Open MRI & Diagnostic Radiology, P.C. Doing Business as All County Open MRI & Diagnostic Radiology as Assignee of Daniel Rubino, Respondent, v Electric Insurance Company, Appellant. |
Motion by appellant for leave to appeal to the Appellate Division from a decision and order of this court dated July 26, 2011, which denied appellant's motion for leave to reargue its prior motion 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 May 27, 2010. Separate motion by appellant for an enlargement of time to serve and file papers in reply to respondent's opposition papers.
Upon the papers filed in support of the motions and the papers filed in opposition and in relation thereto, it is
ORDERED, on the court's own motion, that appellant's motions are consolidated for the purpose of disposition; and it is further,
ORDERED that appellant's motion for an enlargement of time to serve and file papers in reply to respondent's opposition papers is granted and the reply papers are deemed timely served and filed; and it is further,
ORDERED that appellant's motion for leave to appeal to the Appellate Division is denied.
ENTER
Paul Kenny
Chief Clerk