| J.C. Healing Touch Rehab, P.C. As Assignee of Norberto Richards v Amica Mut. Ins. Co. |
| Motion No: 2011-03112 KC |
| Slip Opinion No: 2013 NY Slip Op 95681(U) |
| Decided on January 24, 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
| J.C. Healing Touch Rehab, P.C. as Assignee of Norberto Richards, Appellant, v Amica Mutual Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 1, 2011. The order, among other things, granted respondent's cross motion for summary judgment on condition that within 60 days respondent serve upon appellant "an identical affidavit of [respondent's] claim representative . . . accompanied by a certificate demonstrating that the notary administered the oath as prescribed by the laws of the State of Connecticut;" otherwise, the cross motion was denied. There is no proof in the record on appeal that the above-stated condition was met.
On the court's own motion, it is
ORDERED that the parties are directed to show cause before this court why the portion of the appeal which is from so much of the order as conditionally granted respondent's cross motion should or should not be dismissed as moot on the ground that the above-stated condition was not met, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before February 18, 2014; 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