| Daily Med. Equip. Distrib. Ctr., Inc. As Assignee of Roberto Ortiz v State Farm Fire & Cas. Co. |
| Motion No: 2015-02026 KC |
| Slip Opinion No: 2015 NY Slip Op 84949(U) |
| Decided on September 4, 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
| Daily Medical Equipment Distribution Center, Inc. as Assignee of Roberto Ortiz, Respondent, v State Farm Fire and Casualty Company, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered May 29, 2015. A review of the record indicates that appellant served a copy of the order appealed from, with notice of entry, on May 29, 2015 and the notice of appeal was not filed until July 9, 2015.
On the court's own motion, it is
ORDERED that the appeal is dismissed as untimely (see CPLR 5513).
ENTER:
Paul Kenny
Chief Clerk