| Optimal Healthcare, LLC As Assignee of Howell-sutherland, Winsome v Nationwide Affinity Ins. Co. of Am. |
| Motion No: 2020-00720 KC |
| Slip Opinion No: 2022 NY Slip Op 70323(U) |
| Decided on July 19, 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.
WAVNY TOUSSAINT
DONNA-MARIE E. GOLIA, JJ.
DECISION & ORDER ON MOTION
| Optimal Healthcare, LLC as Assignee of Howell-Sutherland, Winsome, Respondent, v Nationwide Affinity Insurance Company of America, Appellant. |
Motion by appellant to vacate an order of this court dated March 22, 2021, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 30, 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 on condition that appellant perfects the appeal on or before August 30, 2022; and it is further,
ORDERED that in the event the appeal is not perfected by August 30, 2022 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 notice upon the appellant in person.
ENTER:
Paul Kenny
Chief Clerk