| New Way Med. Supply Corp. As Assignee of Myrian Policard v National Liab. & Fire Ins. Co. |
| Motion No: 2013-01580 kc |
| Slip Opinion No: 2013 NY Slip Op 84257(U) |
| Decided on August 23, 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
| New Way Medical Supply Corp. as Assignee of Myrian Policard, Appellant, v National Liability & Fire Insurance Company, Respondent. |
Motion by respondent to dismiss as untimely an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 12, 2013. A review of the record indicates that the order appealed from was served on appellant with notice of entry on April 18, 2013 and the notice of appeal was not filed until May 28, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see CPLR
5513 [a]).
ENTER:
Paul Kenny
Chief Clerk