| Champ Med. Supply, Inc., As Assignee of Unigua Mitchell v Progressive Ins. Co. |
| Motion No: 2017-01493 KC |
| Slip Opinion No: 2017 NY Slip Op 84968(U) |
| Decided on August 14, 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
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Champ Medical Supply, Inc., as Assignee of Unigua Mitchell, Appellant, v Progressive Insurance Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 10, 2017. A review of the record indicates that appellant was served with a copy of the order appealed from with notice of entry on March 17, 2017 and the notice of appeal was not filed until May 4, 2017.
On the court's own motion, it is
ORDERED that the appeal is dismissed as untimely (see CPLR 5513).
ENTER:
Paul Kenny
Chief Clerk