| New York Spine Specialists, As Assignee of Jesus Moran v Fiduciary Ins. Co. |
| Motion No: 2015-02802 QC |
| Slip Opinion No: 2016 NY Slip Op 77588(U) |
| Decided on June 15, 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| New York Spine Specialists, as Assignee of Jesus Moran, Appellant, v Fiduciary Insurance Company, Respondent. |
On the court's own motion, it is
ORDERED that the order of this court dated May 23, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 5, 2015, is recalled and vacated, and the appeal is reinstated and deemed timely perfected; and it is further,
ORDERED that respondent shall have 21 days from the date of this decision and order on motion to serve and file a respondent's brief; and it is further,
ORDERED that appellant, if it be so advised, may serve and file a reply brief within 14 days of the date that the respondent's brief is due to be filed pursuant to this decision and order on motion.
ENTER:
Paul Kenny
Chief Clerk