| Great Health Care Chiropractic, P.C. As Assignee of Stefi Dorvil v Nationwide Ins. Co. |
| Motion No: 2013-00984 QC |
| Slip Opinion No: 2015 NY Slip Op 87784(U) |
| Decided on October 7, 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Great Health Care Chiropractic, P.C. as Assignee of Stefi Dorvil, Appellant, v Nationwide Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered February 26, 2013. The order, insofar as appealed from, granted the branch of respondent's cross motion seeking to stay the action pending the determination of a related declaratory judgment action and implicitly held in abeyance appellant's motion for summary judgment.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
As the declaratory judgment action has been determined by judgments of the Supreme Court, Nassau County, entered February 20, 2014 and April 25, 2014, respectively, so much of the appeal as is from the portion of the order granting the branch of respondent's cross motion seeking to stay the action pending the determination of the related declaratory judgment action is moot (see State of New York v General Elec. Co., 103 AD2d 985 [1984]). No appeal as of right lies from so much of the order as implicitly held in abeyance appellant's motion for summary judgment (see CCA 1702 [a] [2]), and leave to appeal has not been granted.
ENTER:
Paul Kenny
Chief Clerk