Five Boro Psychological Servs., P.C. As Assignee of Edward Alvarez v Auto One Ins. Co.

Five Boro Psychological Servs., P.C. As Assignee of Edward Alvarez v Auto One Ins. Co.

Motion No: 2011-03119 kc

Slip Opinion No: 2012 NY Slip Op 65697(U)

Decided on February 22, 2012

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

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2011-3119 K C

Five Boro Psychological Services, P.C. as Assignee of Edward Alvarez, Appellant, v Auto One Ins. Co., Respondent.

Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 14, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed as moot in light of the order of the Civil Court entered October 11, 2011 dismissing the complaint (see Livny v Rotella, 305 AD2d 377 [2003]).

ENTER:

Paul Kenny

Chief Clerk