| Westcan Chiropractic, P.C. As Assignee of Pedro Cotto v Hertz Claim Mgt. |
| Motion No: 2013-01179 NC |
| Slip Opinion No: 2014 NY Slip Op 68632(U) |
| Decided on March 20, 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 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
ANTHONY MARANO
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| Westcan Chiropractic, P.C. as Assignee of Pedro Cotto, Appellant, v Hertz Claim Management, Respondent. |
Motion by appellant to, in essence, to vacate an order of this court dated December 9, 2013, which dismissed an appeal from an order of the District Court of Nassau County, First District entered May 16, 2013, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the court's order dismissing the appeal is vacated; and it is further,
ORDERED that the time to serve and file appellant's brief is hereby enlarged and appellant's brief shall be served and filed on or before May 9, 2014, and it is further,
ORDERED that in the event the appeal is not perfected on or before May 9, 2014, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeals on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk