| Bne Clinton Med., P.C., As Assignee of Gregory Diaz v Mvaic |
| Motion No: 2020-00470 KC |
| Slip Opinion No: 2020 NY Slip Op 75353(U) |
| Decided on November 25, 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
| BNE Clinton Medical, 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 extend the 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 vacated on condition the appeal be 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 appellant in person.
ENTER:
Paul Kenny
Chief Clerk