Natural Therapy Acupuncture, P.C. As Assignee of Quaniqua Avant v State Farm Mut. Auto. Ins. Co.

Natural Therapy Acupuncture, P.C. As Assignee of Quaniqua Avant v State Farm Mut. Auto. Ins. Co.

Motion No: 2013-01675 kc

Slip Opinion No: 2013 NY Slip Op 91860(U)

Decided on November 8, 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

2013-1675 K C

Natural Therapy Acupuncture, P.C. as Assignee of Quaniqua Avant, 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 February 25, 2013.

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 granted and the appeal is dismissed, as, by a separate order dated February 19, 2013, the Civil Court granted respondent summary judgment dismissing the complaint, which rendered this appeal moot (see Livny v Rotella, 305 AD2d 277 [2003]).

ENTER:

Paul Kenny

Chief Clerk