| Acupuncture Healthcare Plaza I, P.C. As Assignee of Moises Filpo-estrella v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2015-02203 QC |
| Slip Opinion No: 2015 NY Slip Op 91798(U) |
| Decided on November 23, 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
| Acupuncture Healthcare Plaza I, P.C. as Assignee of Moises Filpo-Estrella, Appellant, v State Farm Mutual Automobile Ins. Co., Respondent. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered November 5, 2014, for failure to prosecute.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied and the appeal shall be perfected by January 8, 2016; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 8, 2016, 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