| Vladenn Med. Supply Corp. As Assignee of Meagan Ash v American Tr. Ins. Co. |
| Motion No: 2013-01402 QC |
| Slip Opinion No: 2014 NY Slip Op 85483(U) |
| Decided on September 24, 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
| Vladenn Medical Supply Corp. as Assignee of Meagan Ash, Appellant, v American Transit Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered May 17, 2013. The order, in effect, held appellant's motion for summary judgment in abeyance pending the determination of a declaratory judgment action.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal as of right lies from an order that does not decide a motion (see CCA 1702 [a] [2]; Evan S. v Joseph R., 79 AD3d 668 [2010]; Acunto v Stewart Ave. Gardens, LLC, 26 AD3d 305 [2006]), and leave to appeal has not been granted.
ENTER:
Paul Kenny
Chief Clerk