| Remedy Chiropractic, P.C., As Assignee of Charles-leger, Jean-michel v Nationwide Ins. |
| Motion No: 2021-00148 KC |
| Slip Opinion No: 2022 NY Slip Op 64377(U) |
| Decided on April 8, 2022 |
| 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.
MICHELLE WESTON
CHEREE A. BUGGS, JJ.
DECISION & ORDER ON MOTION
| Remedy Chiropractic, P.C., as Assignee of Charles-Leger, Jean-Michel, Appellant, v Nationwide Ins., Respondent. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, dated October 9, 2020 or, in the alternative, to direct appellant to serve and file a supplemental record and to enlarge the time to serve and file a respondent's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion seeking to direct appellant to serve and file a supplemental record to include defendant-respondent's affirmation in opposition to plaintiff-appellant's cross motion and exhibits is granted, and appellant shall file the supplemental record within 30 days of the date of this decision and order on motion; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to serve and file a respondent's brief is granted, and the respondent's brief shall be served and filed within 21 days of the date that the supplemental record is due to be filed pursuant to this decision and order; and it is further,
ORDERED that appellant, if it be so advised, may serve and file a reply brief within 7 days of the date that respondent's brief is served and filed.
ENTER:
Paul Kenny
Chief Clerk