Somebody – namely me – served a notice of appeal on the wrong attorney, yet timely filed the said notice of appeal. CPLR 5520(a) to the rescue… Underlying defense? EUO no-show and lack of medical necessity. And – a stay was also granted.
Ortho Prods. & Equip., Inc. As Assignee of Daniel Robinson, Nicholas Manickchand & Bradley Forbes v Interboro Ins. Co., 2011 NY Slip Op 78861(U)(App. Term 2d Dept. 2011)
2011-551 K C
| Ortho Products & Equipment, Inc. as Assignee of Daniel Robinson, Nicholas Manickchand and Bradley Forbes, Respondent, v Interboro Ins. Co., Appellant. |
“Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 16, 2010, pursuant to CPLR 5520 (a), to extend the time to serve on respondent a notice of appeal, which was timely filed, and for a stay pending the determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking, pursuant to CPLR 5520 (a), to extend the time to serve a notice of appeal on respondent is granted, and the notice of appeal is deemed timely served on respondent; and it is further,
ORDERED that the branch of the motion seeking a stay pending the determination of the appeal is granted on condition the appeal be perfected by October 7, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 7, 2011, 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 in person.”
ENTER:
Paul Kenny
Chief Clerk
14 Responses
If you filed it on time where is the prejudice? Respondent will get all the time they need to respond.
Some decisions also say if you serve on time but file late you are okay. Obviously that is for one or two days late — not weeks.
The plaintiff in that case has not been playing nice lately. I also like when I can make a frequent Plaintiff-Appellant into a Respondent or Appellee.
I wondered why I received a received a notice of appeal and it wasnt mine.
Yep. Your firm even appeared at the Camp conference and said your client had no money…lol
I love when an insurance company sends my settlement check to the wrong attorney. It has happened dozens of time. My fine bretheren or some guy named Oleg always promptly deposits it or cashes it at a check cashing facility.
I love my brother and sister counsels so much I just want to hug them to death.
Several times in the last few months, insurers and their counsel have mailed things intended for me to my former employer where I last worked in 2005.
Sorry JT. I never want to be anonymous in my response to your great posts. Forgot to put my name on the anonymous post above.
Always thought those anonymous guys were whoosies.
It was a great time at the Camp conference though. Lol.
Havent seen you in Court, no more notices of appeals please. And your old firm aint the same without your motions.
And it really is true what Ray says. I have had my attorney fee checks cashed by some guy name Oleg or Alex or Gustgov – incredible! Makes me wonder about those adjuster mailing affidavits.
Thanks for the compliment Kurt. I am around. It is a Sunday and I am at work typing up deposition reports, processing subpeonas and going through motions. I have been running around in the Federal Courts, Bankruptcy Courts, Supreme Courts and at plenty of EUO’s and EBT’s. I have tons of appeals that are pending – do not worry. The problem, and I think I expressed it before, is that there is a two year time lag between when you start a firm, the MSJ’s get heard and when the eventual appeal is heard. If you recall, my first appeal at my old firm was AJS Chiro v. Mercury. That was not decided until almost three (3) years after I started my employment…
You will see the torrent of JT appeals that I have perfected and are out the door. Oh, and there is a big Appellate Division, First Department appeal that I will have on the October or November argument calendar.
I have a non-no-fault appeal that will be decided in a week or less… I will post it either way. I also have a criminal appeal, where the People appealed me. You are going to see more of me in person though in the future I think.
Come back to no fault J.T. — as Spock told Kirk: “It is your best destiny.”
I am here… You just don’t see me.
Thank God. No fault without J.T. is like a hot dog without mustard. Un-American.
No fault is a uniquely American creation. Designed with the intent to do good like Social Security. Then robbed by big corporations. You can’t get more American then No Fault or robbing those that pay for social security by taking away their benefits.
(I don’t want SS benefits or medicare benefits — I just want every dime of my friggin premiums back)
Let me announce it here. I am looking for the right Plaintiff — accident victim screwed by threshold and his/her insurance company. Once I find the Plaintiff I will bring a Federal Action challenging the Constitutionality of No Fault — as the statute is currently configured, interpreted and administered.
Now I lose a lot — maybe not as much as people think nor in terms of getting what I need — but I always do what I say.
Ray,
I am in no-fault for the long haul. Like you, I dance around other areas of law. Keeps me on my toes and gives me a new insight into this practice.
@Ray: You’re looking for the right plaintiff? Good God, man, show some initiative! MAKE one!
J.T. No Fault is going to be the short haul if I can get my way.
Larry you are right. I need to run some over but not bad enough to injure him/her to the point of threshold. The insurance company will deny payment of the medical bills with some crazy story about the lawyer hitting him to create a constitutional challenge to no fault.
Bingo.
Will you be out and about anywhere tonight in the Brooklyn area.