Lms Acupuncture, P.C. As Assignee of Thomas Urena v Titan Ins. Co.
Motion No: 2014-00828 QC
Slip Opinion No: 2014 NY Slip Op 94354(U)
Decided on December 23, 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

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2014-828 Q C
LMS Acupuncture, P.C. as Assignee of Thomas Urena, Appellant, v Titan Insurance Co., Respondent.

On the court's own motion, it is

ORDERED that the order of this court dated October 20, 2014, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered March 21, 2014, is recalled and vacated, and the appeal is reinstated and deemed timely perfected; and it is further,

ORDERED that respondent shall have 21 days from the date of this decision and order on motion to serve and file a respondent's brief; and it is further,

ORDERED that appellant, if it be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this decision and order on motion.

ENTER:

Paul Kenny

Chief Clerk