T & J Chiropractic, P.C., As Assignee of Innocent Masse v American Tr. Ins. Co.
Motion No: 2013-01700 QC
Slip Opinion No: 2016 NY Slip Op 74196(U)
Decided on May 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.


Appellate Term of the Supreme Court

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

2013-1700 Q C
T & J Chiropractic, P.C., as Assignee of Innocent Masse, Appellant, v American Transit Ins. Co., Respondent.

Motion by appellant, in effect, to vacate this court's decision and order on motion dated March 10, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 4, 2013, on the ground that the order recited that it was entered on consent.

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

ORDERED that appellant's motion is denied.

Appellant's remedy, if it be so advised, is to move in the Civil Court to resettle the order to remove the consent recitation and, in the event the motion is denied, to appeal from the order denying the motion.

ENTER:

Paul Kenny

Chief Clerk