| Elmont Open Mri & Diagnostic Radiology, P.C., Etc. v Progressive Ins. Co. |
| Motion No: 2008-02211 NC |
| Slip Opinion No: 2017 NY Slip Op 63734(U) |
| Decided on January 30, 2017 |
| 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Elmont Open MRI & Diagnostic Radiology, P.C., etc., Respondent, v Progressive Insurance Company, Appellant. |
Motion by respondent to dismiss as untimely taken an appeal from an order of the District Court of Nassau County, First District, entered July 31, 2008. By decision and order on motion of this court dated April 14, 2009, the motion was held in abeyance and the matter was remitted to the District Court to hear and report on the issue of whether service of the order appealed from was proper. On March 22, 2012, the appeal was withdrawn upon application.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, and upon the withdrawal order dated March 22, 2012, it is
ORDERED that the motion is denied as academic.
ENTER:
Paul Kenny
Chief Clerk