W.H.O. Acupuncture, P.C. As Assignee of John Earlyn v State Farm Ins. Co.
Motion No: 2010-02431 QC
Slip Opinion No: 2021 NY Slip Op 75331(U)
Decided on November 24, 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.

DAVID ELLIOT

DONNA-MARIE E. GOLIA, JJ.

DECISION & ORDER ON MOTION

2010-2431 Q C
W.H.O. Acupuncture, P.C. as Assignee of John Earlyn, Appellant, v State Farm Insurance Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County, entered April 28, 2010. This court has been advised that appellant's counsel has died.

Now, on the court's own motion, it is

ORDERED that pursuant to CPLR 321 all proceedings in the above-entitled appeal are stayed until December 27, 2021; and it is further,

ORDERED that on or before December 27, 2021, the appellant shall retain counsel and counsel shall file a notice of appearance on its behalf; and it is further,

ORDERED that in the event that appellant does not comply with the above-stated directives, the Court shall dismiss the appellant's appeal, without further notice; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion on the parties and their attorneys by regular mail.

ENTER:

Paul Kenny

Chief Clerk