| Five Boro Psychological Servs., P.C. As Assignee of David Galarza v Geico Gen. Ins. Co. |
| Motion No: 2012-02376 kc |
| Slip Opinion No: 2013 NY Slip Op 74841(U) |
| Decided on May 8, 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
MICHELLE WESTON, J.P.
MICHAEL L. PESCE
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Five Boro Psychological Services, P.C. as Assignee of David Galarza, Appellant, v GEICO General Ins. Co., Respondent. |
On the court's own motion, it is
ORDERED that the order of this court dated April 22, 2013, in the above-captioned action, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 29, 2012, is recalled and vacated and the appeal is reinstated; and it is further,
ORDERED that the appeal shall be perfected by May 24, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 24, 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; and it is further,
ORDERED that respondent, if it be so advised, may serve and file a respondent's brief within 21 days of the date that the appellant's brief is due to be filed pursuant to this decision and order, and appellant, if it be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this decision and order.
ENTER:
Paul Kenny
Chief Clerk