Metro Psychological Servs., P.C., As Assignee of Huertas Stephane v American Tr. Ins. Co.
Motion No: 2017-01619 KC
Slip Opinion No: 2018 NY Slip Op 69972(U)
Decided on April 9, 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

THOMAS P. ALIOTTA, J.P.

MICHAEL L. PESCE

MICHELLE WESTON, JJ.

DECISION & ORDER ON MOTION

2017-01619 K C
Metro Psychological Services, P.C., as Assignee of Huertas Stephane, Appellant, v American Transit Insurance Company, Respondent.

Motion by appellant to vacate an order of this court dated January 22, 2018, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 27, 2017.

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 court's order dismissing the appeal is vacated; and it is further,

ORDERED on the court's own motion, the time to file appellant's brief is hereby enlarged and appellant's brief shall be served and filed on or before May 18, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 18, 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