| Remedial Med. Care, P.C., As Assignee of Edwin Huseinovic v Ameriprise Ins. Co. |
| Motion No: 2015-00483 KC |
| Slip Opinion No: 2016 NY Slip Op 71101(U) |
| Decided on April 13, 2016 |
| 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
| Remedial Medical Care, P.C., as Assignee of Edwin Huseinovic, Respondent, v Ameriprise Ins. Co., Appellant. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 10, 2014.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a judgment in the action on January 6, 2016 (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]); and it is further,
ORDERED that appellant's motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk