| Emil Stracar M.D., P.C. As Assignee of Guircis Garcia v Eveready Ins. Co. |
| Motion No: 2012-00652 kc |
| Slip Opinion No: 2013 NY Slip Op 79597(U) |
| Decided on July 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
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Emil Stracar M.D., P.C. as Assignee of Guircis Garcia, Appellant, v Eveready Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 15, 2011. A review of the record indicates that appellant served a copy of the order appealed from, with notice of entry, on July 28, 2011 and the notice of appeal was not filed until September 23, 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