| Midborough Acupuncture P.C. As Assignee of Pierre Paul Joseph v State Farm Ins. Co. |
| Motion No: 2013-01625 kc |
| Slip Opinion No: 2014 NY Slip Op 60275(U) |
| Decided on January 7, 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. |
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
| Midborough Acupuncture P.C. as Assignee of Pierre Paul Joseph, Respondent, v State Farm Ins. Co., Appellant. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 25, 2007, for failure to prosecute. Cross motion by appellant for an enlargement of time to perfect the appeal. Separate motion by appellant for an enlargement of time to perfect the appeal.
Upon the papers filed in support of respondent's motion and appellant's cross motion and separate motion, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the respondent's motion and appellant's cross motion and separate motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion to dismiss the appeal is denied and the appeal shall be perfected by April 4, 2014; and it is further,
ORDERED that appellant's cross motion and separate motion are denied as academic; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 4, 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.
ENTER:
Paul Kenny
Chief Clerk