| Gbi Acupuncture, P.C. As Assignee of Joseph Braxton v Republic W. Ins. Co. |
| Motion No: 2013-01582 qc |
| Slip Opinion No: 2013 NY Slip Op 86913(U) |
| Decided on September 26, 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
| GBI Acupuncture, P.C. as Assignee of Joseph Braxton, Appellant, v Republic Western Insurance Company, Respondent. |
Motion by respondent to dismiss as untimely an appeal from an order of the Civil Court of the City of New York, Queens County, entered April 26, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as moot, as the appeal was dismissed by decision and order of this court dated September 3, 2013.
ENTER:
Paul Kenny
Chief Clerk