Lexington Acupuncture, P.C., As Assignee of Peter Brown v State Farm Mut. Auto. Ins. Co.

Lexington Acupuncture, P.C., As Assignee of Peter Brown v State Farm Mut. Auto. Ins. Co.

Motion No: 2016-01328 KC

Slip Opinion No: 2016 NY Slip Op 85393(U)

Decided on September 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.

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

2016-1328 K C

Lexington Acupuncture, P.C., as Assignee of Peter Brown, Appellant, v State Farm Mutual Automobile Ins. Co., Respondent.

Motion by respondent to dismiss as moot a purported appeal from an order of the Civil Court of the City of New York, Kings County, entered July 9, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied as unnecessary, as no appeal is pending since no notice of appeal was filed in the Civil Court.

ENTER:

Paul Kenny

Chief Clerk