Absolute Medical Services, Inc. v Garnerville Holding Company, Inc.
Motion No: 2018-03978
Slip Opinion No: 2019 NY Slip Op 83041(U)
Decided on October 29, 2019
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M267039

kbp/

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-03978

Absolute Medical Services, Inc., plaintiff-

appellant, v Garnerville Holding Company, Inc.,

defendant third-party plaintiff-respondent;

Ashley Herschmann, third-party defendant-

appellant.

(Index No. 33244/13)

DECISION & ORDER ON MOTION

Motion by the plaintiff-appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of its appeal from a judgment of the Supreme Court, Rockland County, entered February 23, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court