| Preferred Ortho Prods., Inc., As Assignee of Moore, Kyrstal v Tri State Consumers Ins. Co. |
| Motion No: 2016-00203 QC |
| Slip Opinion No: 2017 NY Slip Op 76609(U) |
| Decided on May 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Preferred Ortho Products, Inc., as Assignee of Moore, Kyrstal, Appellant, v Tri State Consumers Ins. Co., Respondent. |
Appeal from so much of an order of the Civil Court of the City of New York, Queens County, entered December 7, 2015 as, sua sponte awarded respondent's counsel $600 in legal fees.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal as of right lies from the Civil Court's sua sponte order (see Active Care Med. Supply Corp. v Delos Ins. Co., __ Misc 3d ____[A], 2017 NY Slip Op 50650[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]), and leave to appeal has not been granted.
ENTER:
Paul Kenny
Chief Clerk