Karina K. Acupuncture, P.C. As Assignee of Chris Diaz v State Farm Mut. Auto. Ins. Co.
Motion No: 2013-00832 kc
Slip Opinion No: 2013 NY Slip Op 95553(U)
Decided on December 31, 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.


Appellate Term of the Supreme Court

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

2013-832 K C
Karina K. Acupuncture, P.C. as Assignee of Chris Diaz, 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 November 15, 2012. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on December 20, 2012 and the notice of appeal was not filed until February 7, 2013.

On the court's own motion, it is

ORDERED that the appeal is dismissed as untimely (see CPLR 5513).

ENTER:

Paul Kenny

Chief Clerk