| Active Care Med. Supply Corp., As Assignee of Davila, Luis v Ameriprise Auto & Home |
| Motion No: 2017-00515 KC |
| Slip Opinion No: 2017 NY Slip Op 85012(U) |
| Decided on August 18, 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
| Active Care Medical Supply Corp., as Assignee of Davila, Luis, Appellant, v Ameriprise Auto & Home, Respondent. |
Motion by appellant to vacate the order of this court dated April 14, 2017, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered November 13, 2014, and for an enlargement of time to perfect the appeal. Cross motion by respondent to deny appellant's motion and for other relief.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion denied; and it is further,
ORDERED that the respondent's cross motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk