| Ar Med. Rehabilitation, P.C. As Assignee of Ismael Nieves v New Hampshire Ins. Co. |
| Motion No: 2012-02766 kc |
| Slip Opinion No: 2013 NY Slip Op 62448(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. |
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
| AR Medical Rehabilitation, P.C. as Assignee of Ismael Nieves, Appellant, v New Hampshire 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