| National Med. & Surgical Supply, Inc. As Assignee of Maurice Scarboro v Fiduciary Ins. Co. of Am. |
| Motion No: 2014-00967 KC |
| Slip Opinion No: 2014 NY Slip Op 80631(U) |
| Decided on July 31, 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
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| National Medical & Surgical Supply, Inc. as Assignee of Maurice Scarboro, Appellant, v Fiduciary Ins. Co. of America, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered July 8, 2013. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on August 21, 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