| Minerva Santos, M.D., PLLC Etc. v Geico Ins. Co. |
| Motion No: 2012-00132 qc |
| Slip Opinion No: 2013 NY Slip Op 89523(U) |
| Decided on October 10, 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
ORDER TO SHOW CAUSE
| Minerva Santos, M.D., PLLC etc., Appellant, v GEICO Insurance Company, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered December 15, 2011. The order denied appellant's motion to quash subpoenas that respondent had served on certain nonparties. Respondent has submitted a brief in which it asserts that the appeal has been rendered academic by the compliance of the nonparties with the subpoenas.
On the court's own motion, it is
ORDERED that the parties show cause before this court why the above-entitled appeal should or should not be dismissed as academic (see Matter of Roadway Express v Commissioner of N.Y. State Dept. of Labor, 66 NY2d 742[1985]; Kooper v Kooper, 74 AD3d 6 [2010]; Humphrey v Kulbaski, 78 AD3d 786 [2010]) by filing an affidavit or affirmation on that issue with the Clerk of this court on or before November 1, 2013; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties' attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk