Lenox Hill Radiology & Med. Imaging Assoc., P.C., As Assignee of Gilberto Paiz v Kemper Auto & Home Ins. Co.
Motion No: 2020-00886 QC
Slip Opinion No: 2021 NY Slip Op 64334(U)
Decided on April 5, 2021
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

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2020-886 Q C
Lenox Hill Radiology and Medical Imaging Associates, P.C., as Assignee of Gilberto Paiz, Respondents, v Kemper Auto & Home Insurance Co., Appellant.

Motion by appellant to vacate the dismissal and extend the time to perfect an appeal from an order of the Civil Court of the City of New York, Queens County, entered July 25, 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 granted and the order dismissing the appeal is vacated on condition the appeal be perfected on or before June 4, 2021; and it is further

ORDERED that in the event the appeal is not perfected by June 4, 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 such application upon appellant in person.

ENTER:

Paul Kenny

Chief Clerk