| Drivas Med. Care, P.C., As Assignee of Elroy Lee v Geico Gen. Ins. Co. |
| Motion No: 2017-00620 KC |
| Slip Opinion No: 2017 NY Slip Op 71750(U) |
| Decided on April 20, 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
DAVID ELLIOT, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Drivas Medical Care, P.C., as Assignee of Elroy Lee, Appellant, v GEICO General Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 2, 2010.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a judgment on October 12, 2011 (see Matter of Aho, 39 NY2d 241, 248 [1976]), which judgment has been separately appealed. The issues raised on the appeal from the order may be brought up for review and considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
ENTER:
Paul Kenny
Chief Clerk