| Healing Art Acupuncture, P.C., As Assignee of Giovanni Andino v Progressive Ins. Co. |
| Motion No: 2017-00116 KC |
| Slip Opinion No: 2018 NY Slip Op 80885(U) |
| Decided on August 10, 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. |
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
| Healing Art Acupuncture, P.C., as Assignee of Giovanni Andino, Appellant, v Progressive Insurance Company, Respondent. |
Motion by appellant to vacate a decision and order on motion of this court dated June 1, 2018, which, on the court's own motion, struck an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered August 4, 2016, from this court's appeals calendar and general calendar, and to restore the matter to the appeals calendar and the general calendar.
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 denied.
The transcripts must be settled in the Civil Court (see CCA 1704). The matter will be automatically restored to the general calendar once this court has received the record on appeal containing the settled transcripts.
ENTER:
Paul Kenny
Chief Clerk