| Eagle Surgical Supply, Inc. As Assignee of Pedro Castillo v American Tr. Ins. Co. |
| Motion No: 2010-03071 kc |
| Slip Opinion No: 2010 NY Slip Op 90477(U) |
| Decided on December 2, 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
MARSHA L. STEINHARDT, J.P.
MICHAEL L. PESCE
MICHELLE WESTON, JJ.
DECISION & ORDER ON MOTION
| Eagle Surgical Supply, Inc. as Assignee of Pedro Castillo, Respondent, v American Transit Ins. Co., Appellant. |
Court's own motion to dismiss appeals from orders of the Civil Court of the City of New York, Kings County, dated March 15, 2010 and July 6, 2010.
ORDERED that the motion is granted and the appeals are dismissed.
The appeal from the order dated March 15, 2010 is dismissed on the ground that said order was vacated by the order dated July 6, 2010. The appeal from the order dated July 6, 2010 is dismissed on the ground that no appeal as of right lies from a sua sponte order (see CCA 1702 [a]; Sholes v Meagher, 100 NY2d 333 [2003]).
ENTER:
Paul Kenny
Chief Clerk