| Compas Med., P.C. As Assignee of Mohammed Hussain v American Tr. Ins. Co. |
| Motion No: 2013-00941 qc |
| Slip Opinion No: 2013 NY Slip Op 81360(U) |
| Decided on July 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
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Compas Medical, P.C. as Assignee of Mohammed Hussain, Appellant, v American Transit Ins. Co., Respondent. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered February 15, 2013, on the ground that no appeal lies as of right from an order which holds a motion in abeyance.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see Acunto v Stewart Ave. Gardens, LLC, 26 AD3d 305 [2006]).
ENTER:
Paul Kenny
Chief Clerk