Ve Med. Care, P.C. As Assignee of Erika Flores v State Farm Mut. Auto. Ins. Co.
Motion No: 2012-01174 kc
Slip Opinion No: 2013 NY Slip Op 79573(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

2012-1174 K C
VE Medical Care, P.C. as Assignee of Erika Flores, 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 October 28, 2011. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on November 28, 2011 and the notice of appeal was not filed until January 23, 2012.

On the court's own motion, it is

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

ENTER:

Paul Kenny

Chief Clerk