| Star Med. Supply As Assignee of Jose Fernandez v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2012-02476 KC |
| Slip Opinion No: 2015 NY Slip Op 61400(U) |
| Decided on January 8, 2015 |
| 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
| Star Medical Supply as Assignee of Jose Fernandez, Appellant, v State Farm Mutual Automobile Ins. Co., Respondent. |
Motion by appellant to vacate an order of this court dated April 22, 2013, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County entered August 3, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
Appellant has failed to show good cause why it did not perfect the appeal in a timely manner (see, Rules of the App Term, 2nd , 11th & 13th Jud Dists [22 NYCRR] § 731.8). Nor has appellant provided a satisfactory explanation as to why it took more than 20 months after the appeal was dismissed to interpose its motion to vacate dismissal. With regard to allegedly not having received notice from the court of the date by which the appeal was to be perfected, the court's rules clearly advise an appellant as to when an appeal is to perfected. The written notice is a mere courtesy.
ENTER:
Paul Kenny
Chief Clerk