First Aid Occupational Therapy, PLLC, Horton Med., P.C., Lynbrook Acupuncture, P.C. & V.S. Chiropractic, P.C. As Assignees of Guillermo Lopez v Motor Veh. Acc. Indem. Corp.

First Aid Occupational Therapy, PLLC, Horton Med., P.C., Lynbrook Acupuncture, P.C. & V.S. Chiropractic, P.C. As Assignees of Guillermo Lopez v Motor Veh. Acc. Indem. Corp.

Motion No: 2011-02471 kc

Slip Opinion No: 2011 NY Slip Op 89735(U)

Decided on November 10, 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.

Appellate Term of the Supreme Court

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

2011-2471 K C

First Aid Occupational Therapy, PLLC, Horton Medical, P.C., Lynbrook Acupuncture, P.C. and V.S. Chiropractic, P.C. as Assignees of Guillermo Lopez, Respondents, v Motor Vehicle Accident Indemnification Corporation, Appellant.

Motion by respondents to dismiss as abandoned an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered December 8, 2008, and an appeal from an order of the same court dated June 14, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal from the judgment is dismissed on the ground that no appeal lies from a judgment entered pursuant to an order granting an unopposed motion for summary judgment (see CPLR 5511); and it is further,

ORDERED, on the court's own motion, that the appeal from the order is dismissed on the ground that no appeal lies from a refusal to sign an order to show cause (CCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]; Khanal v Sheldon, 74 AD3d 894 [2010]; Gache v Town/Village of Harrison, 251 AD2d 624 [1998]; People ex rel. Aguilar v Kelly, 143 AD2d 535 [1988]; Poplar Realty v Po, 3 Misc 3d 22 [App Term, 2d & 11th Jud Dists 2003]; 10 Carmody-Wait 2d, NY Prac § 70:8, at 238; cf. CPLR 5704); and it is further,

ORDERED that respondents' motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk