| Comprehensive Care Physical Therapy, P.C., As Assignee of Marc Gibson v Geico Ins. Co. |
| Motion No: 2014-01795 QC |
| Slip Opinion No: 2015 NY Slip Op 69463(U) |
| Decided on March 30, 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.
MARTIN M. SOLOMON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Comprehensive Care Physical Therapy, P.C., as Assignee of Marc Gibson, Respondent, v GEICO Ins. Co., Appellant. |
Motion by appellant to vacate an order of this court dated January 20, 2015, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County entered June 12, 2014.
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). 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