| Rj Professional Acupuncturist, P.C. a/a/o Fiordaliza Tavares v Allstate Ins. Co. |
| Motion No: 2006-00797 KC 03-02-2007 |
| Slip Opinion No: 2007 NYSlipOp 66254(U) |
| Decided on March 26, 2007 |
| 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| RJ PROFESSIONAL ACUPUNCTURIST, P.C. a/a/o FIORDALIZA TAVARES, Appellant, -against- ALLSTATE INSURANCE COMPANY, Respondent. |
DECISION
Motion by respondent to dismiss the appeal as untimely is denied as academic.
On the court's own motion, the appeal is dismissed.
Although denominated a "judgment," the paper appealed from is in fact a decision, since it was not signed by the clerk (CPLR 5016 [c]). No appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]). Petitioner, if it be so advised, may have a judgment entered and appeal therefrom (CCA 1401), since its time to do so has not expired (see Funk v Barry, 89 NY2d 364 [1996]).