| Maira Gonzalez As Assignee of Geddis Abel Bey v Flushing Hosp. Med. Ctr. |
| Motion No: 2014-02764 QC |
| Slip Opinion No: 2015 NY Slip Op 68386(U) |
| Decided on March 13, 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.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Maira Gonzalez as Assignee of Geddis Abel Bey, Appellant, v Flushing Hospital Medical Center, Defendant, and Breitner & Hoffman, P.C., Respondent. |
Motion by respondent Breitner & Hoffman, P.C. to dismiss as untimely an appeal from an order of the Civil Court of the City of New York, Queens County, entered August 14, 2014.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Civil Court, Queens County, to hear and report on the issue of whether the order entered August 14, 2014 was served upon appellant's counsel by respondent Breitner & Hoffman, P.C.'s counsel with notice of entry, and, if so, when service was effected; the Civil Court, Queens County, shall hold the hearing and file its report with all convenient speed; and it is further,
ORDERED that the motion is held in abeyance in the interim.
ENTER:
Paul Kenny
Chief Clerk