| Scott Chiropractic, P.C. As Assignee of Gregory Diaz v Mvaic |
| Motion No: 2020-00477 KC |
| Slip Opinion No: 2020 NY Slip Op 74016(U) |
| Decided on October 27, 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. |
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
| Scott Chiropractic, P.C. as Assignee of Gregory Diaz, Respondent, v MVAIC, Appellant. |
Motion by appellant to vacate the order of this court dated September 21, 2020, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 21, 2020 and for an enlargement of time to perfect the appeal.
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 order of dismissal dated September 21, 2020 is hereby vacated on condition that the appeal be perfected on or before November 30, 2020; and it is further,
ORDERED that in the event the appeal is not perfected by November 30, 2020, the court, on its own motion, may dismiss the appeal, or the respondent may move to dismiss the appeal on three days' notice and may serve the appellant in person.
ENTER:
Paul Kenny
Chief Clerk