Charles Deng Acupuncture, P.C. As Assignee of Teddy Ruth v Mvaic

Charles Deng Acupuncture, P.C. As Assignee of Teddy Ruth v Mvaic

Motion No: 2013-00691 qc

Slip Opinion No: 2013 NY Slip Op 78717(U)

Decided on June 12, 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.

Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2013-691 Q C

Charles Deng Acupuncture, P.C. as Assignee of
Teddy Ruth, Appellant, v MVAIC, Respondent.

Motion by respondent to dismiss as untimely an appeal from an order of the Civil Court of the City of New York, Queens County, dated January 29, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, as the notice of appeal was not timely filed (see CPLR 5513 [a]).

It is noted that appellant has not cross-moved for relief pursuant to CPLR 5520 (a), which provides that the court may extend the time to cure an omission in the service or filing of a notice of appeal where the omission was the result of "mistake or excusable neglect."

ENTER:

Paul Kenny

Chief Clerk