| Gl Acupuncture, P.C., As Assignee of Candice Attong-bowen v Empire Fire & Mar. Ins. |
| Motion No: 2014-00786 QC |
| Slip Opinion No: 2016 NY Slip Op 91236(U) |
| Decided on November 1, 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
MARTIN SOLOMON, JJ.
DECISION & ORDER ON MOTION
| GL Acupuncture, P.C., as Assignee of Candice Attong-Bowen, Appellant, v Empire Fire & Marine Insurance, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Queens County, entered March 12, 2014. The order granted respondent's unopposed motion for summary judgment dismissing the complaint and denied appellant's motion for summary judgment.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
As appellant submitted no opposition to respondent's motion for summary judgment dismissing the complaint, it is not aggrieved by so much of the Civil Court's order as granted respondent's motion and cannot appeal therefrom (see CPLR 5511). In view of the foregoing, so much of the appeal as is from the portion of the Civil Court's order which denied appellant's motion for summary judgment has been rendered academic (see Livny v Rotella, 305 AD2d 377 [2003]).
ENTER:
Paul Kenny
Chief Clerk