| Midwood Acupuncture, P.C. As Assignee of Rafael Diaz v Travelers Indem. Co. |
| Motion No: 2013-01474 KC |
| Slip Opinion No: 2014 NY Slip Op 65873(U) |
| Decided on February 21, 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
| Midwood Acupuncture, P.C. as Assignee of Rafael Diaz, Appellant, v Travelers Indemnity Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered January 4, 2013. A review of the record indicates that appellant received a copy of the order appealed from, with notice of entry, on April 11, 2013 and the notice of appeal was not filed until May 17, 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