Medical Supply of Ny Corp., As Assignee of Shanice Romans v State Farm Mut.
Motion No: 2020-00450 KC
Slip Opinion No: 2020 NY Slip Op 76042(U)
Decided on December 10, 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.


Appellate Term of the Supreme Court

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

2020-450 K C
Medical Supply of NY Corp., as Assignee of Shanice Romans, Appellant, v State Farm Mutual, 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 February 19, 2020.

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.

Appellant has failed to establish a reasonable excuse for its failure to perfect its appeal in a timely manner. Under the Rules of the Appellate Terms, 2d Department (22 NYCRR 731.7 [b][1], effective January 1, 2020), an appeal must be perfected "within six months of the date of filing of the notice of appeal." Notices are no longer sent to appellants, and in any event, the court has held on numerous occasions that the notices were a mere courtesy.

ENTER:

Paul Kenny

Chief Clerk