| Ocean Spine Joint Med. Care, P.C. As Assignee of Oscar Calderone v Motor Veh. Acc. Indem. Corp. |
| Motion No: 2013-01754 qc |
| Slip Opinion No: 2013 NY Slip Op 95537(U) |
| Decided on December 30, 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Ocean Spine Joint Medical Care, P.C. as Assignee of Oscar Calderone, Appellant, v Motor Vehicle Accident Indemnification Corporation, Respondent. |
On the court's own motion, it is
ORDERED that the order of this court dated December 16, 2013, in the above-captioned action, which dismissed an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered July 24, 2013, is recalled and vacated and the appeal is reinstated; and it is further,
ORDERED that the appeal shall be perfected by March 7, 2014; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 7, 2014, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person; and it is further,
ORDERED that respondent, if it be so advised, may serve and file a respondent's brief within 21 days of the date that the appellant's brief is served upon it, and appellant, if it be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is served upon it.
ENTER:
Paul Kenny
Chief Clerk