| Matter of Bay Needle Care Acupuncture, as assignee of Stubb |
| Motion No: 2015-02196 |
| Slip Opinion No: 2016 NY Slip Op 78613(U) |
| Decided on July 1, 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. |
Appellate Division: Second Judicial Department
M214279
J/sl
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2015-02196 In the Matter of Bay Needle Care Acupuncture, as assignee of Kurt Stubbs, respondent, v Country-Wide Ins. Co., appellant. (Index No. 7485/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 17, 2014, on the ground that it has been rendered academic, or alternatively, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that it has been rendered academic is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
BALKIN, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court