| Arguelles, M.D., P.C., As Assignee of Cassandra Morency v Omni Indem. Co. |
| Motion No: 2018-01632 KC |
| Slip Opinion No: 2019 NY Slip Op 70617(U) |
| Decided on May 9, 2019 |
| 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.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Arguelles, M.D., P.C., as Assignee of Cassandra Morency, Respondent, v Omni Indemnity Company, Appellant. |
Motion by appellant to vacate an order of this court dated January 22, 2019, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 28, 2018, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the order of this court dated January 22, 2019 dismissing the appeal is vacated and the appeal shall be perfected by July 9, 2019; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 9, 2019, 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