| Barclays Med., P.C. As Assignee of Anthony Spencer v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2012-01954 kc |
| Slip Opinion No: 2013 NY Slip Op 79603(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
| Barclays Medical, P.C. as Assignee of Anthony Spencer, 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 April 20, 2012. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on May 22, 2012 and the notice of appeal was not filed until August 1, 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