Allstate Insurance Company v Jose R. Mendez, P.C.
Motion No: 2008-01578
Slip Opinion No: 2008 NYSlipOp 92900(U)
Decided on December 24, 2008
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M80321

E/sl

A. GAIL PRUDENTI, P.J.

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2008-01578

Allstate Insurance Company, respondent,

v Jose R. Mendez, P.C., appellant.

(Index No. 21026/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered January 9, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the applications, it is

ORDERED that the motion is denied as academic as the appeal was dismissed by decision and order on motion of this court dated December 8, 2008.

PRUDENTI, P.J., SPOLZINO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court