Kew Gardens Med & Rehab, P.C. As Assignee of Ishmail Atraz v Countrywide Ins.

Kew Gardens Med & Rehab, P.C. As Assignee of Ishmail Atraz v Countrywide Ins.

Motion No: 2014-02508 QC

Slip Opinion No: 2015 NY Slip Op 68400(U)

Decided on March 18, 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.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2014-2508 Q C

Kew Gardens Med & Rehab, P.C. as Assignee of Ishmail Atraz, Respondent, v Countrywide Insurance, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County, entered July 3, 2013.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a judgment on July 21, 2014, which judgment has been separaely appealed (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues sought to be raised on the appeal from the order may be brought up for review and considered on an appeal from the judgment (see CPLR 5501 [a] [1]).

ENTER:

Paul Kenny

Chief Clerk