Parkway Pain Mgt., PLLC As Assignee of Jean Mercier v American Tr. Ins. Co.
Motion No: 2011-03124 qc
Slip Opinion No: 2012 NY Slip Op 82757(U)
Decided on August 20, 2012
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.

JAIME A. RIOS

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2011-03124 Q C
Parkway Pain Management, PLLC as Assignee of Jean Mercier, Appellant, v American Transit Insurance Company, Respondent.

Motion by the appellant to vacate an order of this court dated June 18, 2012, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County entered October 12, 2011, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is hereby,

ORDERED that the motion is granted, and the court's order dismissing the appeal is vacated; and it is further

ORDERED that the branch of appellant's motion to enlarge the time to perfect the appeal is granted and the appellant's brief shall be served and filed on or before September 19, 2012.

ENTER:

Paul Kenny

Chief Clerk