Gateway Med., P.C. As Assignee of Ruth Weekes v Progressive Ins. Co.
Motion No: 2010-00942 ric
Slip Opinion No: 2012 NY Slip Op 73802(U)
Decided on May 16, 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

MICHELLE WESTON, J.P.

MICHAEL L. PESCE

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2010-942 RI C
Gateway Medical, P.C. as Assignee of Ruth Weekes, Respondent, v Progressive Insurance Company, Appellant.

On the court's own motion, it is

ORDERED that the decision and order of this court dated August 4, 2011, which determined an appeal from an order of the Civil Court of the City of New York, Richmond County, entered November 19, 2010, are recalled and vacated, as by stipulation filed June 16, 2011 the parties discontinued the action.

WESTON, J.P., PESCE and RIOS, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk