| Acupuncture Healthcare Plaza I, P.C., As Assignee of Sharmaine Cherry v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2015-02411 QC |
| Slip Opinion No: 2015 NY Slip Op 95360(U) |
| Decided on December 24, 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
THOMAS P. ALIOTTA, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Acupuncture Healthcare Plaza I, P.C., as Assignee of Sharmaine Cherry, Appellant, v State Farm Mutual Automobile Insurance Company, 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 3, 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 February 19, 2016; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 19, 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