| Active Care Med. Supply Corp., As Assignee of Lewis, Henry v Metlife Auto & Home |
| Motion No: 2017-01629 KC |
| Slip Opinion No: 2017 NY Slip Op 96009(U) |
| Decided on December 4, 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 Lewis, Henry, Appellant, v Metlife Auto & Home, Respondent. |
Motion by appellant, in effect, to vacate an amended order of this court dated October 16, 2017, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 4, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal shall be perfected by March 2, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 2, 2018, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk