| New Wave Oriential Acupuncture, P.C. As Assignee of Lawrence Jenkins & Va. Whitehead v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2010-02194 kc |
| Slip Opinion No: 2011 NY Slip Op 91011(U) |
| Decided on November 28, 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.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| New Wave Oriential Acupuncture, P.C. as Assignee of Lawrence Jenkins and Virginia Whitehead, Appellant, v State Farm Mutual Automobile Ins. Co., Respondent. |
Motion by appellant to vacate an order of this court dated December 16, 2010, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County entered March 22, 2010.
Upon the papers filed in support of the motion and no papers filed in opposition thereto, it is
ORDERED that the motion is denied.
Appellant has failed to show good cause why it did not perfect the appeal in a timely manner (see, Rules of the App Term, 2nd, 11th & 13th Jud Dists [22 NYCRR] § 732.8). Nor has appellant set forth any merit to the appeal. With regard to allegedly not having received notice from the court regarding "a time frame to perfect the appeal," the court's rules clearly advise an appellant when an appeal is to perfected. The notice is a mere courtesy.
ENTER:
Paul Kenny
Chief Clerk