| W & Z Acupuncture, P.C. As Assignee of Benjamin Andra v Unitrin Auto & Home Insuarnce Co. |
| Motion No: 2010-02452 kc |
| Slip Opinion No: 2013 NY Slip Op 69301(U) |
| Decided on April 1, 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.
MICHELLE WESTON
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| W & Z Acupuncture, P.C. as Assignee of Benjamin Andra, Appellant, v Unitrin Auto & Home Insuarnce Co., Respondent. |
Motion by respondent, in effect, to recall and vacate a decision and order of this court dated December 12, 2012, which determined an appeal from an order of the Civil Court of the City of New York, Kings County, entered June 29, 2010, and to deem the appeal withdrawn, or for alternative relief.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is granted, the decision and order of this court dated December 12, 2012 are recalled and vacated, and the appeal is deemed withdrawn, as the parties, without advising this court, had entered into a stipulation of settlement dated April 7, 2011.
ENTER:
Paul Kenny
Chief Clerk