| Top Choice Med., P.C., As Assignee of Antonio Zapata v Country-wide Ins. Co. |
| Motion No: 2020-00062 KC |
| Slip Opinion No: 2020 NY Slip Op 74791(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 Antonio Zapata, Appellant, v Country-Wide Insurance Company, Respondent. |
Motion by appellant to vacate the order of this court dated September 21, 2020, which dismissal an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 25, 2013, 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 dismissing the appeal is vacated on condition that the appeal be perfected on or before January 8, 2021; and it is further,
ORDERED that in the event the appeal is not perfected by January 8, 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 appellant in person.
ENTER:
Paul Kenny
Chief Clerk