| Greenway Med. Supply Corp., As Assignee of Anais Panigua v National Union Fire Ins. Co. of Pittsburgh, Pa |
| Motion No: 2015-02602 KC |
| Slip Opinion No: 2016 NY Slip Op 63276(U) |
| Decided on January 28, 2016 |
| 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
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Greenway Medical Supply Corp., as Assignee of Anais Panigua, Appellant, v National Union Fire Ins. Co. of Pittsburgh, PA, Respondent. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 23, 2014, for failure to prosecute. Cross motion by appellant, pursuant to CPLR 5520 (a), to extend its time to file a notice of appeal from the order, which notice of appeal was timely served.
Upon the papers filed in support of the motion and the cross motion, and no papers having been filed in opposition to the cross motion, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted and appellant shall file a notice of appeal within 30 days from the date of this decision and order on motion (see CPLR 5520 [a])
ENTER:
Paul Kenny
Chief Clerk