Performance Plus Med., P.C. As Assignee of Mirtha Benjamin v Infinity Group

Performance Plus Med., P.C. As Assignee of Mirtha Benjamin v Infinity Group

Motion No: 2013-02721 QC

Slip Opinion No: 2014 NY Slip Op 64431(U)

Decided on February 10, 2014

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

2013-2721 Q C

Performance Plus Medical, P.C. as Assignee of Mirtha Benjamin, Appellant, v Infinity Group, Respondent.

Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered November 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 denied as moot, as the appeal was dismissed on the court's own motion by decision and order on motion dated January 2, 2014.

ENTER:

Paul Kenny

Chief Clerk