| Healthway Med. Care, P.C. As Assignee of Jessica Rivera v Allstate Ins. Co. |
| Motion No: 2014-01812 QC |
| Slip Opinion No: 2014 NY Slip Op 85421(U) |
| Decided on September 3, 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
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Healthway Medical Care, P.C. as Assignee of Jessica Rivera, Appellant, v Allstate Insurance Company, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered July 16, 2014.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as appellant submitted no written opposition to the motion giving rise to the order appealed from and is deemed in default (see Viggiani v Grodotzke, 306 AD2d 273 [2003]; cf. Matter of 144 Stuyvesant, LLC v Goncalves, 119 AD3d 695 [2014] [where the order indicates that oral argument was held and that the motion court considered the appellant's arguments, the appeal should be entertained]).
ENTER:
Paul Kenny
Chief Clerk