| Biobalance Med., P.C. As Assignee of Viris Cunningham, Linda Holtzman Adler v New York City Tr. Auth. |
| Motion No: 2013-01087 kc |
| Slip Opinion No: 2013 NY Slip Op 94390(U) |
| Decided on December 13, 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.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Biobalance Medical, P.C. as Assignee of Viris Cunningham, Linda Holtzman Adler, Respondent, v New York City Transit Authority, Appellant. |
Motion by the appellant to vacate an order of this court dated September 23, 2013, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County entered August 9, 2012 , and, in effect, to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is hereby,
ORDERED that the application is granted, and the court's order dismissing the appeal is vacated; and it is further,
ORDERED that the branch of appellant's motion to, in effect, enlarge the time to perfect the appeal is granted and the appellant's brief shall be served and filed on or before February 14, 2014.
ENTER:
Paul Kenny
Chief Clerk