V.E. Med. Care, P.C. As Assignee of Jose Rodriguez, Nilda Aviles & Lorena Berrios v State Farm Mut. Auto. Ins. Co.

V.E. Med. Care, P.C. As Assignee of Jose Rodriguez, Nilda Aviles & Lorena Berrios v State Farm Mut. Auto. Ins. Co.

Motion No: 2011-03166 kc

Slip Opinion No: 2013 NY Slip Op 79562(U)

Decided on July 5, 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.

JAIME A. RIOS

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2011-3166 K C

V.E. Medical Care, P.C. as Assignee of Jose Rodriguez, Nilda Aviles and Lorena Berrios, Appellant, v State Farm Mutual Automobile Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered September 16, 2011. A review of the record indicates that appellant served a copy of the order appealed from, with notice of entry, on September 16, 2011 and the notice of appeal was not filed until December 6, 2011.

On the court's own motion, it is

ORDERED that the appeal is dismissed as untimely (see CPLR 5513).

ENTER:

Paul Kenny

Chief Clerk