Noel E. Blackman, M.D., As Assignee of Mcdonald-charles, Elizabeth v Nationwide Ins.
Motion No: 2018-00652 KC
Slip Opinion No: 2018 NY Slip Op 81823(U)
Decided on August 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

MICHELLE WESTON, J.P.

DAVID ELLIOT

BERNICE D. SIEGAL, JJ.

DECISION & ORDER ON MOTION

2018-652 K C
Noel E. Blackman, M.D., as Assignee of McDonald-Charles, Elizabeth, Respondent, v Nationwide Ins., Appellant.

On the court's own motion, it is

ORDERED that this court's order of withdrawal dated July 27, 2018, which provided for the withdrawal of an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 8, 2017, is recalled and vacated, and the appeal is reinstated; and it is further,

ORDERED that appellant's time to perfect the appeal is enlarged, and the appeal shall be perfected within 60 days of the date of this decision and order on motion; and it is further,

ORDERED that in the event the appeal is not perfected within 60 days of the date of this decision and order on motion, 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 motion in person.

It is noted that respondent was not authorized to withdraw the appeal.

ENTER:

Paul Kenny

Chief Clerk