Vincent Med. Servs., P.C. As Assignee of Merly Decimus v Utica Mut. Ins. Co.

Vincent Med. Servs., P.C. As Assignee of Merly Decimus v Utica Mut. Ins. Co.

Motion No: 2009-00884 KC

Slip Opinion No: 2009 NY Slip Op 91307(U)

Decided on December 11, 2009

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.

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : GOLIA, J.P., PESCE and WESTON, JJ.

NO. 2009-884 K C

VINCENT MEDICAL SERVICES, P.C.
as assignee of MERLY DECIMUS,

Respondent,

-against-

UTICA MUTUAL INSURANCE CO.,

Appellant.

DECISION

On the court's own motion, the appeal is dismissed.

The appeal from the order dated October 30, 2007 was rendered moot by the parties' execution of a stipulation of settlement dated February 19, 2008.