Cortland Med. Supply, Inc. As Assignee of Coley Jackson v Elrac, Inc. Doing Bus. As Enter. Rent-a-car
Motion No: 2013-02469 kc
Slip Opinion No: 2014 NY Slip Op 60249(U)
Decided on January 2, 2014
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

2013-2469 K C
Cortland Medical Supply, Inc. as Assignee of Coley Jackson, Appellant, v Elrac, Inc. Doing Business as Enterprise Rent-A-Car, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered July 26, 2013. A review of the record indicates that appellant received a copy of the order appealed from, with notice of entry, on August 12, 2013 and the notice of appeal was not filed until September 27, 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