| Top Choice Med., P.C., As Assignee of Angel Ortiz v Country-wide Ins. Co. |
| Motion No: 2019-01730 KC |
| Slip Opinion No: 2020 NY Slip Op 74789(U) |
| Decided on November 13, 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.
MICHELLE WESTON
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| Top Choice Medical, P.C., as Assignee of Angel Ortiz, Appellant, v Country-Wide Insurance Company, Respondent. |
Motion by appellant to vacate the dismissal on an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 10, 2012, and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the Order of Dismissal is hereby vacated on condition the appeal is perfected on or before January 15, 2021; and it is further,
ORDERED that in the event the appeal is not perfected by January 15, 2021, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve the application upon appellant in person.
ENTER:
Paul Kenny
Chief Clerk