Unitrin Advantage Insurance Company v AC Acupuncture Pain Management P.C. et al.

Motion No: M-6598

Slip Opinion No: 2017 NYSlipOp 66057(U)

Decided on March 2, 2017

Appellate Division, First 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.

March 2, 2017

Unitrin Advantage Insurance Company,

Plaintiff-Respondent,

v

AC Acupuncture Pain Management, P.C.,

et al.,

Defendants,

Longevity Medical Supply, Inc.,

Defendant-Appellant.

Plaintiff-respondent having moved for dismissal of the appeal taken from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about January 13, 2016, Now, upon reading and filing the papers with respect to the motion, including the correspondence from Frank G. D'Esposito, Esq., of counsel to defendant, Longevity Medical Supply, Inc.,

dated January 9, 2017, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent that the appeal is deemed withdrawn. ENTERED: March 2, 2017

_____________________ CLERK

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Sallie Manzanet-Daniels Paul G. Feinman Troy K. Webber Ellen Gesmer, Justices

M-6598

Index No. 158933/13