| Active Care Med. Supply Corp., As Assignee of Robinson, Percy v Metropolitan Gen. Ins. Co. |
| Motion No: 2017-01428 KC |
| Slip Opinion No: 2017 NY Slip Op 89922(U) |
| Decided on October 11, 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 Robinson, Percy, Respondent, v Metropolitan General Insurance Company, Appellant. |
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 March 29, 2017. The order appealed from was served on appellant with notice of entry on April 7, 2017, and the notice of appeal was not filed until May 23, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see CPLR 5513).
ENTER:
Paul Kenny
Chief Clerk