| Diagnostic Radiographic Imaging, P.C. As Assignee of Zhi Ming Luo, Qi Zhang & Bao Qun Huang v Geico Gen. Ins. Co. |
| Motion No: 2011-03000 kc |
| Slip Opinion No: 2012 NY Slip Op 71287(U) |
| Decided on April 20, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Diagnostic Radiographic Imaging, P.C. as Assignee of Zhi Ming Luo, Qi Zhang and Bao Qun Huang, Respondent, v GEICO General Ins. Co., Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, dated February 4, 2011.
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 is dismissed, as no appeal lies from an order entered on the consent of the appealing party (see CPLR 5511; Barry v Barry, 60 AD3d 882 [2009]; Wiener v City of New York, 60 AD3d 598 [2009]; Matter of D'Imperio v Putnam Lake Fire Dept., 262 AD2d 410 [1999]; Reynolds v Spanakos, 196 AD2d 798 [1993]); and it is further,
ORDERED that the motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk