| North Acupuncture, P.C., As Assignee As Vladimir Columna, Carl Brown, James Mireau, Letro Daniels, Manuel Vazquez & Lynford Stephenson v State Farm Mut. Auto. Ins. Co |
| Motion No: 2010-00327 KC |
| Slip Opinion No: 2017 NY Slip Op 68289(U) |
| Decided on March 15, 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
| North Acupuncture, P.C., as Assignee as Vladimir Columna, Carl Brown, James Mireau, Letro Daniels, Manuel Vazquez and Lynford Stephenson, Appellant, v State Farm Mutual Automobile Ins. Co,, Respondent. |
Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered October 1, 2009.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
While the provisions of the declaratory judgment entered in the Supreme Court, Nassau County, would appear to apply to the parties to this appeal, the proper procedure is not a motion to dismiss the appeal as moot but rather for respondent to move for relief in the Civil Court based on the declaratory judgment, as the appeal would not be rendered moot unless and until respondent's res judicata claim is established in the Civil Court. The parties are cautioned that a frivolous appeal may subject the offending parties to sanctions (see Rules of the Chief Administrator of the Courts [22 NYCRR] part 130; Rules of the Appellate Terms, 2d Dept [22 NYCRR] § 730.3 [g]).
ENTER:
Paul Kenny
Chief Clerk