| Fabrizia Messale, Lac, As Assignee of Sandra Santos v Allstate Ins. Co. |
| Motion No: 2014-00787 QC |
| Slip Opinion No: 2017 NY Slip Op 67317(U) |
| Decided on March 6, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Fabrizia Messale, LAC, as Assignee of Sandra Santos, Appellant, v Allstate Insurance Company, Respondent. |
On the court's own motion, it is
ORDERED that this appeal from an order of the Civil Court of the City of New York, Queens County, entered March 21, 2014, is stricken from the appeals calendar and the general calendar, as the order appealed from determined a motion by respondent to compel discovery and a separate motion by appellant for summary judgment, and none of the papers submitted on the summary judgment motion were made part of the record on appeal.
It is noted that the order appealed from must also be corrected to recite the papers considered on the summary judgment motion, which it presently does not do.
ENTER:
Paul Kenny
Chief Clerk