| Prompt Direct Supply Corp. as Assignee of Tolga Faison Seraphine v Nationwide Affinity Ins. Co. of Am. |
| Motion No: 2024-01368 KC |
| Slip Opinion No: 2025 NY Slip Op 82419(U) |
| Decided on December 8, 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
WAVNY TOUSSAINT, P.J.
MARINA CORA MUNDY
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| Prompt Direct Supply Corp. as Assignee of Tolga Faison Seraphine, Appellant, v Nationwide Affinity Ins. Co. of America, Respondent. |
Motion by appellant to vacate an order of this court dated April 21, 2025, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, dated September 17, 2024. The order is denominated a "decision" in the amended notice of appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the amended notice of appeal from a "decision" dated September 17, 2024 is deemed a valid notice of appeal from an order of the Civil Court of the City of New York, Kings County, dated September 17, 2024 (see CPLR 5520 [c]); and it is further;
ORDERED that the motion to vacate the order of this court dated April 21, 2025 is granted, that order is vacated, and the appeal shall be perfected on or before February 6, 2026; and it is further;
ORDERED that in the event the appeal is not perfected by February 6, 2026, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may, if appellant is unrepresented, serve such motion upon appellant in person.
ENTER:
Jennifer Chan
Acting Chief Clerk