| Pain Mgt. Ctr. of N. J., P.C. As Assignee of Melissa Ann Mowatt v All Car Rent-a-car |
| Motion No: 2015-00226 KC |
| Slip Opinion No: 2015 NY Slip Op 95337(U) |
| Decided on December 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.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Pain Management Center of New Jersey, P.C. as Assignee of Melissa Ann Mowatt, Respondent, v All Car Rent-A-Car, Appellant. |
Motion by appellant to vacate an order of this court dated September 21, 2015, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 14, 2014, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate the order of this court dated September 21, 2015 is granted; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by February 5, 2016; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 5, 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