| Peace of Mind Social Work, P.C. As Assignee of Sergey Nikulin v Travelers Prop. Cas. |
| Motion No: 2013-02069 kc |
| Slip Opinion No: 2013 NY Slip Op 95540(U) |
| Decided on December 30, 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.
DECISION & ORDER ON MOTION
| Peace of Mind Social Work, P.C. as Assignee of Sergey Nikulin, Respondent, v Travelers Property Casualty, Appellant. |
On the court's own motion, it is
ORDERED that this court's decision and order on motion dated November 7, 2013 is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered August 3, 2011, for failure to prosecute.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as by order entered March 13, 2013, the Civil Court, in effect, vacated the August 3, 2011 judgment, and a new judgment was entered July 26, 2013, which subsequent judgment has been separately appealed; and it is further,
ORDERED that respondent's motion is denied as moot.
ENTER:
Paul Kenny
Chief Clerk