| Kipor Medicine, P.C. As Assignee of Micheline Polynice v Mvaic |
| Motion No: 2010-02378 kc |
| Slip Opinion No: 2013 NY Slip Op 69283(U) |
| Decided on March 25, 2013 |
| 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.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Kipor Medicine, P.C. as Assignee of Micheline Polynice, Respondent, v MVAIC, Appellant. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 23, 2009, for failure to prosecute, or, in the alternative, to direct that the appeal be perfected by a date certain.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion seeking to direct that the appeal be perfected by a date certain is granted and the appeal shall be perfected by June 7, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 7, 2013, 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