| Drivas Med. Care, P.C. As Assignee of Elroy Lee v Geico Gen. Ins. Co. |
| Motion No: 2015-01742 KC |
| Slip Opinion No: 2015 NY Slip Op 89117(U) |
| Decided on October 26, 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
| Drivas Medical Care, P.C. as Assignee of Elroy Lee, Appellant, v GEICO General Ins. Co., Respondent. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered May 28, 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ORDERED that the motion is denied as moot, as the appeal was marked withdrawn on September 3, 2015.
ENTER:
Paul Kenny
Chief Clerk