| Ap Orthopedic & Rehabilitation, P.C. As Assignee of Michael Smith v Mercury Cas. Co. |
| Motion No: 2012-00564 qc |
| Slip Opinion No: 2012 NY Slip Op 90830(U) |
| Decided on November 13, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| AP Orthopedic & Rehabilitation, P.C. as Assignee of Michael Smith, Respondent, v Mercury Casualty Company, Appellant. |
Motion by the appellant to vacate an order of this court dated September 17, 2012, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County entered February 8, 2012, 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 December 2, 2012.
ENTER:
Paul Kenny
Chief Clerk