| All Boro Psychological Servs., P.C. As Assignee of Erwyn Diaz v Lancer Ins. Co. |
| Motion No: 2014-01214 KC |
| Slip Opinion No: 2014 NY Slip Op 80642(U) |
| Decided on August 4, 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
| All Boro Psychological Services, P.C. as Assignee of Erwyn Diaz, Appellant, v Lancer Ins. Co., Respondent. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, dated April 10, 2013, for failure to prosecute.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied and the appeal shall be perfected by October 3, 2014; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 3, 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