Performance Plus Med., P.C. As Assignee of Michael Gibbs v Utica Mut. Ins. Co.
Motion No: 2012-02393 QC
Slip Opinion No: 2018 NY Slip Op 62494(U)
Decided on January 17, 2018
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2012-2393 Q C
Performance Plus Medical, P.C. as Assignee of Michael Gibbs, Appellant, v Utica Mutual Insurance Company, Respondent.

Motion by appellant to vacate an order of this court dated May 20, 2013, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered September 13, 2012.

Upon the papers filed in support of the motion on November 12, 2017, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied.

ENTER:

Paul Kenny

Chief Clerk