| Actual Chiropractic, P.C., As Assignee of Ruben Rodriguez v Global Liberty Ins. Co. of N. Y. |
| Motion No: 2019-00121 KC |
| Slip Opinion No: 2019 NY Slip Op 73715(U) |
| Decided on March 1, 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.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Actual Chiropractic, P.C., as Assignee of Ruben Rodriguez, Respondent, v Global Liberty Insurance Company of New York, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered December 12, 2018. By decision and order on motion dated January 25, 2019, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that the appeal was not properly taken in that service of the notice of appeal was made to an improper address and no application had been made pursuant to CPLR 5520 (a) to cure the omission. Appellant has submitted responding papers and has separately moved, pursuant to CPLR 5520 (a), to cure the omission.
Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of appellant's motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motion to dismiss the appeal and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that appellant's motion is denied as unnecessary, in view of appellant's showing that a copy of the notice of appeal was timely served at the correct address.
ENTER:
Paul Kenny
Chief Clerk