| Sebastian Med., P.C. As Assignee of Elizabeth Rainey v Mvaic |
| Motion No: 2009-01258 qc |
| Slip Opinion No: 2010 NY Slip Op 77248(U) |
| Decided on July 16, 2010 |
| 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
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| Sebastian Medical, P.C. as Assignee of Elizabeth Rainey, Respondent, v MVAIC, Appellant. |
Court's own motion to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered February 13, 2009.
ORDERED, on the court's own motion, that the appeal is dismissed.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues sought to be raised on the appeal from the order may be raised on an appeal from the judgment (see CPLR 5501 [a] [1]).
ENTER:
Paul Kenny
Chief Clerk