| Maria S. Masigla, P.T., As Assignee of Ligene, Joanel v Omni Indem. Co. |
| Motion No: 2016-02234 KC |
| Slip Opinion No: 2020 NY Slip Op 74136(U) |
| Decided on October 30, 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
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
BERNICE D. SIEGAL, JJ.
DECISION & ORDER ON MOTION
| Maria S. Masigla, P.T., as Assignee of Ligene, Joanel, Respondent, v Omni Indemnity Company, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 12, 2016, which was affirmed by decision and order of this court dated December 21, 2018. Motion by respondent for leave to reargue its opposition to the court's motion to impose sanctions upon its counsel, The Rybak Firm, PLLC, pursuant to 22 NYCRR 130-1.1 (c), which was granted by decision and order on motion dated November 21, 2019, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court dated November 21, 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 denied as it is untimely (see CPLR 2221 [d] [3]; 5513).
While we may exercise our discretion and overlook appellant's failure to move for leave to reargue in a timely manner (see CPLR 2004; HSBC Bank USA, N.A. v Halls, 98 AD3d 718, 721 [2012]), we decline to do so. We note that, were we to consider the merits of appellant's motion, we would deny it (see e.g. Compas Med., P.C., as Assignee of Sanon, Ernso v Omni Indem. Co., 2020 NY Slip Op _____[U] [appeal No. 2017-712 K C], decided herewith).
PESCE, P.J., taking no part.
ENTER:
Paul Kenny
Chief Clerk