| B.Z. Chiropractic, P.C., As Assignee of Tony Dance v Allstate Ins. Co. |
| Motion No: 2016-01958 QC |
| Slip Opinion No: 2017 NY Slip Op 96382(U) |
| Decided on December 14, 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
MICHELLE WESTON, J.P.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| B.Z. Chiropractic, P.C., as Assignee of Tony Dance, Appellant, v Allstate Insurance Company, Respondent. |
B.Z. Chiropractic, P.C., as Assignee of Tony Dance, Appellant, v Allstate Insurance Company, Respondent.
Appellate Term Docket No.
2016-1958 Q C
Lower Court # 70935/00
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Motion by appellant for the clarification of a decision and order of this court dated August 18, 2017, which determined appeals from orders of the Civil Court of the City of New York, Queens County, entered November 19, 2015 and July 7, 2016, respectively, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking clarification is granted to the extent of clarifying that it was this court's intention to note that interest be awarded at the rate of nine percent per year as set forth in CPLR 5004; and it is further,
ORDERED that the branch of the motion seeking leave to appeal to the Appellate Division is denied without prejudice to appellant's other remedies, if any, as the portion of this court's decision and order which appellant seeks to appeal is advisory and is not appealable as of right or by permission (see IndyMac Bank F.S.B. v Thompson, 99 AD3d 669 [2012]).
ENTER:
Paul Kenny
Chief Clerk