| Neomy Med., P.C. As Assignee of Jermel Wash. v American Tr. Ins. Co. |
| Motion No: 2010-00688 kc |
| Slip Opinion No: 2011 NY Slip Op 68581(U) |
| Decided on March 28, 2011 |
| 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.
MICELLE WESTON
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| Neomy Medical, P.C. as Assignee of Jermel Washington, Respondent, v American Transit Insurance Company, Appellant. |
Court's own motion to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered February 1, 2010.
ORDERED that the motion is granted and the appeal is dismissed as academic.
The order appealed from granted respondent's motion for summary judgment and denied appellant's cross motion for summary judgment. However, appellant's notice of appeal limited the appeal to so much of the order as denied appellant's cross motion. Since appellant failed to appeal from the portion of the order granting respondent's motion for summary judgment, the appeal from the portion of the order denying appellant's cross motion must be dismissed as academic.
ENTER:
Paul Kenny
Chief Clerk