| Rockaway Med. & Diagnostic, P.C., As Assignee of Ramon Ortiz v State Farm Mut. Ins. Co. |
| Motion No: 2021-00044 QC |
| Slip Opinion No: 2021 NY Slip Op 75345(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. |
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
| Rockaway Medical & Diagnostic, P.C., As Assignee of Ramon Ortiz, Appellant, v State Farm Mutual Insurance Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered October 21, 2020. This court has been advised that appellant's counsel has died. The appeal was dismissed for failure to prosecute by Order of Dismissal dated October 18, 2021, after counsel died.
Now, on the court's own motion, it is
ORDERED that the Order of Dismissal dated October 18, 2021 is hereby vacated; and it is further,
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