Easy Care Acupuncture, P.C. As Assignee of Murielle Bien Aime v 21st Century Advantage Ins. Co.
Motion No: 2015-01506 KC
Slip Opinion No: 2015 NY Slip Op 90551(U)
Decided on November 5, 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.


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

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2015-1506 K C
Easy Care Acupuncture, P.C. as Assignee of Murielle Bien Aime, Appellant, v 21st Century Advantage Ins. Co., Respondent.

Motion by appellant to vacate a decision and order on motion of this court dated June 26, 2015, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 18, 2015.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted, this court's decision and order on motion dated June 26, 2015 is vacated, and the appeal shall be perfected within 90 days of the date of this decision and order on motion; and it is further,

ORDERED that in the event that the appeal is not perfected within 90 days of the date of this decision and order on motion, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk