| Oleg's Acupuncture, P.C., As Assignee of Thomas Derick v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2016-02625 KC |
| Slip Opinion No: 2019 NY Slip Op 75062(U) |
| Decided on June 28, 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
| Oleg's Acupuncture, P.C., as Assignee of Thomas Derick, Respondent, v State Farm Mutual Automobile Ins. Co., Appellant. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 9, 2016, for failure to prosecute.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on condition the appeal be perfected by September 6, 2019; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 6, 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