Matter of NY Med, as assignees of Washington v Governmen
Motion No: 2015-05007
Slip Opinion No: 2016 NY Slip Op 65825(U)
Decided on March 2, 2016
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M207265

S/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2015-05007

In the Matter of NY Med, as assignee of

Tanise Washington, appellant, v Government

Employees Insurance Company, respondent.

(Index No. 700058/15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 4, 2015, on the ground that it has been rendered academic. By decision and order on motion of this Court dated December 29, 2015, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. The appellant has withdrawn the appeal. Application by the respondent to withdraw the motion to dismiss the appeal.

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

ORDERED that on the Court's own motion the decision and order on motion of this Court dated December 29, 2015, is recalled and vacated; and it is further,

ORDERED that the application is granted and the motion to dismiss the appeal is deemed withdrawn.

RIVERA, J.P., BALKIN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court