| Thayer Med., P.C., As Assignee of Rhonda Murphy v Allstate Ins. Co. |
| Motion No: 2015-01009 KC |
| Slip Opinion No: 2016 NY Slip Op 79416(U) |
| Decided on July 8, 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.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Thayer Medical, P.C., as Assignee of Rhonda Murphy, Appellant, v Allstate Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 20, 2014. The order, insofar as appealed from as limited by the brief, denied the branch of appellant's cross motion seeking a protective order with respect to discovery sought by respondent. Respondent has stated in its brief that discovery has now been completed. By order to show cause dated June 3, 2016, the parties were directed to show cause before this court why the appeal should not be dismissed as moot, on the ground that discovery has been completed.
Now, upon the order to show cause and the papers filed by appellant and respondent in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see Rodriguez v City of New York, 26 NY2d 833 [1970]).
ENTER:
Paul Kenny
Chief Clerk