| A.H. Physical Therapy, P.C. As Assignee of Parkes, Julius v 21st Century Advantage Ins. Co., Sued Herein As A.I.G. Ins. Co. |
| Motion No: 2019-01509 RIC |
| Slip Opinion No: 2019 NY Slip Op 85734(U) |
| Decided on November 29, 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
| A.H. Physical Therapy, P.C. as Assignee of Parkes, Julius, Respondent, v 21st Century Advantage Insurance Company, Sued Herein as A.I.G. Insurance Company, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Richmond County, entered July 12, 2019. By order to show cause dated October 8, 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 upon an attorney who did not represent respondent. Separate application by appellant for an extension of time to cure the omission and to deem the omission cured.
Upon the order to show cause, and the papers filed by appellant in response thereto and in support of the separate application, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted and the omission is deemed cured (see CPLR 5520 [a]).
ENTER:
Paul Kenny
Chief Clerk