| All Boro Psychological Servs., P.C. As Assignee of Roman Romanovich Et Al. v Allstate Ins. Co. |
| Motion No: 2011-02387 kc |
| Slip Opinion No: 2013 NY Slip Op 77521(U) |
| Decided on June 11, 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
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| All Boro Psychological Services, P.C. as Assignee of Roman Romanovich et al., Appellant, v Allstate Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 27, 2011. A review of the record indicates that appellant received from respondent a copy of the order appealed from, with notice of entry, on July 11, 2011 and the notice of appeal was not filed until August 24, 2011.
On the court's own motion, it is
ORDERED that the appeal is dismissed as untimely (see CPLR 5513).
We note that, in any event, that the appeal would be academic, as the complaint was subsequently dismissed by order of the Civil Court entered October 24, 2012 (see Livny v Rotella, 305 AD2d 377 [2003]).
PESCE, P.J., RIOS and ALIOTTA, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk