Canon Chiropractic, P.C. As Assignee of George Ellington v Mvaic
Motion No: 2015-00227 KC
Slip Opinion No: 2015 NY Slip Op 68387(U)
Decided on March 13, 2015
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.

MARTIN M. SOLOMON

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

2015-227 K C
Canon Chiropractic, P.C. as Assignee of George Ellington, Appellant, v MVAIC, Respondent.

Motion by respondent to dismiss an appeal from a decision of the Civil Court of the City of New York, Kings County, dated November 22, 2013, for failure to prosecute.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed on the ground that no appeal lies from a decision (see CCA 1702); and it is further,

ORDERED that respondent's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk