| Natural Therapy Acupuncture, P.C. As Assignee of Raymonde Clerger v State Farm Mut. Auto. Ins. Co. |
| Motion No: 2014-00931 KC |
| Slip Opinion No: 2014 NY Slip Op 80622(U) |
| Decided on July 30, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Natural Therapy Acupuncture, P.C. as Assignee of Raymonde Clerger, Appellant, v State Farm Mutual Automobile Insurance Company, Respondent. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, dated November 18, 2011, for failure to prosecute. Cross motion by appellant for leave to submit the appeal on an abridged record.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that respondent's motion is granted and the appeal is dismissed; and it is further,
ORDERED that appellant's motion is denied as moot.
We incidentally note that the rules of this court do not permit an appellant in a civil matter to prosecute an appeal on an abridged record (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] § 731.1).
ENTER:
Paul Kenny
Chief Clerk