Sz Med., P.C. As Assignee of Claude Montour, Belynda Joseph & Jean Montour v State Farm Mut. Auto. Ins. Co.
Motion No: 2013-01064 kc
Slip Opinion No: 2013 NY Slip Op 81393(U)
Decided on July 29, 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.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2013-1064 K C
SZ Medical, P.C. as Assignee of Claude Montour, Belynda Joseph and Jean Montour, Appellant, v State Farm Mutual Automobile Ins. Co., Respondent.

Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 15, 2010, for lack of prosecution.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied as academic, as the appeal was dismissed by decision and order on motion dated June 24, 2013.

ENTER:

Paul Kenny

Chief Clerk