| Ambulatory Surgical Ctr. of Engel Wood, LLC, As Assignee of Garfield Robinson v Tri-state Consumer Ins. Co. |
| Motion No: 2020-00205 KC |
| Slip Opinion No: 2023 NY Slip Op 62366(U) |
| Decided on February 17, 2023 |
| 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
CHEREÉ A. BUGGS, J. P.
LISA S. OTTLEY
LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
| Ambulatory Surgical Center of Engel Wood, LLC, as Assignee of Garfield Robinson, Respondent, v Tri-State Consumer Insurance Company, Appellant. |
On the court's own motion, it is
ORDERED that this appeal from an order of the Civil Court of the City of New York, Kings County, dated December 19, 2019, is stricken from this court's appeal calendar on the ground that the appeal has not been properly perfected in that plaintiff's cross motion for summary judgment has not been made part of the reproduced record, and the reproduced record, appellant's brief and respondent's brief shall be returned and it is further,
ORDERED that appellant is granted an enlargement of time to perfect the appeal, and appellant shall perfect the appeal, by re-serving and filing a corrected reproduced record and an appellant's brief on or before May 17, 2023; and it is further,
ORDERED that in the event the appeal is not perfected by May 17, 2023, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice and may serve such application upon appellant in person.
ENTER:
Paul Kenny
Chief Clerk