Orthotics & Professional Supply, Ltd., As Assignee of Robert Finney v Allstate Ins. Co.
Motion No: 2019-00864 QC
Slip Opinion No: 2020 NY Slip Op 62871(U)
Decided on February 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

THOMAS P. ALIOTTA, P.J.

DAVID ELLIOT

WAVNY TOUSSAINT, JJ.

DECISION & ORDER ON MOTION

2019-864 Q C
Orthotics & Professional Supply, Ltd., as Assignee of Robert Finney, Appellant, v Allstate Insurance Company, Respondent.

Motion by appellant to vacate an order of this court dated October 21, 2019, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered October 16, 2018.

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, the order of this court dated October 21, 2019 is vacated and the appeal shall be perfected by April 3, 2020; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 3, 2020, 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