| Bento Ortho, Inc., As Assignee of Charles Martin v Victoria Ins. Group |
| Motion No: 2016-03093 KC |
| Slip Opinion No: 2017 NY Slip Op 66652(U) |
| Decided on February 27, 2017 |
| 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
MARTIN M. SOLOMON, J.P.
MICHAEL L. PESCE
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Bento Ortho, Inc., as Assignee of Charles Martin, Appellant, v Victoria Insurance Group, Respondent. |
Motion by respondent to dismiss as untimely an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 15, 2016. Cross motion by appellant, pursuant to CPLR 5520 (a), to extend its time to file a notice of appeal.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that respondent's motion is granted and the appeal is dismissed (see CPLR 5513); and it is further,
ORDERED that appellant's cross motion is denied.
ENTER:
Paul Kenny
Chief Clerk