Rally Chiropractic, P.C., As Assignee of Pena Fajardo, Rafaelina v Nationwide Affinity Ins. Co. of Am.

Rally Chiropractic, P.C., As Assignee of Pena Fajardo, Rafaelina v Nationwide Affinity Ins. Co. of Am.

Motion No: 2019-01499 KC

Slip Opinion No: 2020 NY Slip Op 61278(U)

Decided on January 7, 2020

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

MICHELLE WESTON, J.P.

THOMAS P. ALIOTTA

BERNICE D. SIEGAL, JJ.

DECISION & ORDER ON MOTION

2019-1499 K C

Rally Chiropractic, P.C., as Assignee of Pena Fajardo, Rafaelina, Appellant, v Nationwide Affinity Insurance Company of America, Respondent.

Motion by respondent to dismiss, as untimely, an appeal from an order of the Civil Court of the City of New York, Kings County, entered August 8, 2019.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see CPLR 5513 [a]).

ENTER:

Paul Kenny

Chief Clerk