Viviane Etienne Med. Care, P.C. As Assignee of Mariela Cordova Et Al. v State Farm Mut. Auto. Ins. Co.
Motion No: 2010-01297 KC
Slip Opinion No: 2014 NY Slip Op 93537(U)
Decided on December 15, 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.


Appellate Term of the Supreme Court

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

2010-1297 K C
Viviane Etienne Medical Care, P.C. as Assignee of Mariela Cordova et al., Appellant, v State Farm Mutual Automobile Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered September 24, 2009. A review of the record indicates that appellant was served with a copy of the order appealed from, with notice of entry, on September 30, 2009 and the notice of appeal was not filed until November 18, 2009.

On the court's own motion, it is

ORDERED that the appeal is dismissed as untimely (see CPLR 5513).

ENTER:

Paul Kenny

Chief Clerk