CMS Med. Supply, Inc., a/a/o Dyce, K. v Erie Ins. Co. Of N.Y.



CMS Med. Supply, Inc., a/a/o Dyce, K. v Erie Ins. Co. Of N.Y.
Motion No: 570116/16
Slip Opinion No: 2016 NY Slip Op 66715(U)
Decided on March 10, 2016
Appellate Term, First 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.



March 10, 2016

CMS Med. Supply, Inc., a/a/o Dyce, K. v Erie Ins. Co. Of N.Y.

It is Ordered that the motion of the plaintiff-respondent to dismiss the appeal is granted, unless the defendant-

appellant perfects its appeal by no later than the October 2016 term of this Court the filing deadline for which is August 9, 2016. In the event of the defendant-appellant's failure to comply with the foregoing condition, plaintiff-respondent may move, on five days notice, for an order dismissing the appeal.

By: Schoenfeld, J.P., Shulman, Ling-Cohan, J.J.

Motion No. 570116/16