Unique Physical Therapy, Pt, P.C., As Assignee of Yolanda Deleon, Et Al. v Global Liberty Ins. Co. of N. Y.
Motion No: 2016-02224 KC
Slip Opinion No: 2019 NY Slip Op 82953(U)
Decided on October 18, 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.


Appellate Term of the Supreme Court

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

2016-2224 K C
Unique Physical Therapy, PT, P.C., as Assignee of Yolanda DeLeon, et al., 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 August 17, 2016. By decision and order on motion of this court dated October 14, 2016, enforcement of the order entered August 17, 2016 was stayed pending the determination of the appeal on the condition that the appeal be perfected by January 6, 2017. Appellant has not perfected the appeal.

Now, on the court's own motion, it is

ORDERED that the stay granted by decision and order on motion dated October 14, 2016 is vacated; and it is further,

ORDERED that the parties show cause before this court why the above-entitled appeal should or should not be dismissed for lack of prosecution, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before November 8, 2019; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the parties' attorneys by regular mail.

ENTER:

Paul Kenny

Chief Clerk