Ar Med. Rehabilitation, P.C. As Assignee of Ebony Fuller v Aig Indem. Ins. Co.
Motion No: 2012-02764 kc
Slip Opinion No: 2013 NY Slip Op 62447(U)
Decided on January 17, 2013
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.

JAIME A. RIOS

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2012-2764 K C
AR Medical Rehabilitation, P.C. as Assignee of Ebony Fuller, Appellant, v AIG Indemnity Insurance Company, Respondent.

Motion by respondent to dismiss an appeal from a decision of the Civil Court of the City of New York, Kings County, dated November 15, 2011, for failure to prosecute.

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 on the ground that no appeal lies from a decision (see CCA 1702; Hall v Paez, 77 AD3d 620 [2010]); and it is further,

ORDERED that respondent's motion is denied as moot.

ENTER:

Paul Kenny

Chief Clerk