| Arguelles M.D., P.C. As Assignee of Caultroyn Beaton v Unitrin Advantage Ins. Co. |
| Motion No: 2011-00780 kc |
| Slip Opinion No: 2011 NY Slip Op 69967(U) |
| Decided on March 30, 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. AMENDED
DECISION & ORDER ON MOTION
| Arguelles M.D., P.C. as Assignee of Caultroyn Beaton, Respondent, v Unitrin Advantage 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 November 15, 2010.
ORDERED that the motion is granted and the appeal is dismissed.
The order entered November 15, 2010 was withdrawn and superseded by an order dated February 10, 2011. As the order dated February 10, 2011 states that respondent's motion was granted on default, it is not appealable (see CPLR 5511; Fox v T.B.S.D., Inc., 278 AD2d 612 [2000] [App Term, 2d & 11th Jud Dists]). Appellant's remedy, if it be so advised, is to seek relief in the Civil Court upon a written motion.
ENTER:
Paul Kenny
Chief Clerk