| Maira Gonzalez As Assignee of Geddis Abel Bey v Flushing Hosp. Med. Ctr. |
| Motion No: 2014-02764 QC |
| Slip Opinion No: 2015 NY Slip Op 77970(U) |
| Decided on June 30, 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. |
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
| Maira Gonzalez as Assignee of Geddis Abel Bey, Appellant, v Flushing Hospital Medical Center, Defendant, and Breitner & Hoffman, P.C., Respondent. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Queens County, entered August 14, 2014, as untimely taken. By decision and order on motion of this court dated March 12, 2015, the matter was remitted to the Civil Court, Queens County, to hear and report on the issue of whether the order dated August 14, 2014 was served upon appellant's counsel with notice of entry and, if so, when service was effected, and the motion was held in abeyance in the interim. The Civil Court, Queens County, has filed its report dated May 21, 2015.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Civil Court, Queens County dated May 21, 2015, it is
ORDERED that the motion is granted and the appeal is dismissed (see CPLR 5513).
ENTER:
Paul Kenny
Chief Clerk