| Karina K. Acupuncture, P.C. As Assignee of Felix M. Peralta v Geico Gen. Ins. Co. |
| Motion No: 2011-02230 kc |
| Slip Opinion No: 2013 NY Slip Op 76032(U) |
| Decided on May 23, 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
JAIME A. RIOS, JJ.
ORDER TO SHOW CAUSE
| Karina K. Acupuncture, P.C. as Assignee of Felix M. Peralta, Appellant, v GEICO General Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered April 5, 2011. A review of the record indicates that respondent served upon appellant a copy of the order appealed from with notice of entry on or about April 27, 2011 and that the notice of appeal was not filed until August 1, 2011.
Now, on the court's own motion, it is
ORDERED that the appeal is stricken from the May 29, 2013 Ready Day Calendar; and it is further,
ORDERED that the parties show cause before this court why the above-entitled appeal should or should not be dismissed as untimely (see CPLR 5513), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before June 13, 2013; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties' attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk