| Burke Physical Therapy, P.C., As Assignee of Springer, John v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2023-01126 KC |
| Slip Opinion No: 2025 NY Slip Op 61805(U) |
| Decided on January 27, 2025 |
| 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
JOANNE D. QUIÑONES, JJ.
DECISION & ORDER ON MOTION
| Burke Physical Therapy, P.C., as Assignee of Springer, John, Appellant, v State Farm Mutual Automobile Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, dated September 8, 2023.
On the own motion, it is
ORDERED that the appeal is stricken from this court's general calendar and appeals calendar as the record on appeal, as transmitted to this court, does not include the defendant's cross-motion for summary judgment. The complete reproduced record on appeal and appellant's brief are to be served and filed on or before February 7, 2025; and it is further,
ORDERED that respondent's time to file it's brief is extended to February 21, 2025; and it is further,
ORDERED that appellant may, if it be so advised, file a reply brief within seven days of service upon it of respondent's brief; and it is further,
ORDERED that in event the appeal is not perfected by February 7, 2025, 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 application upon appellant in person.
ENTER:
Paul Kenny
Chief Clerk