| Utica Park Chiropractic of Ny, P.C., As Assignee of Evelyn Shipman & Crystal Roberts, & Preferred Care Physical Therapy, P.C., As Assignee of Crystal Roberts & David Wickham v Travelers Home & Mar. Ins. Co. |
| Motion No: 2017-00260 SC |
| Slip Opinion No: 2018 NY Slip Op 61417(U) |
| Decided on January 3, 2018 |
| 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Utica Park Chiropractic of NY, P.C., as Assignee of Evelyn Shipman and Crystal Roberts, and Preferred Care Physical Therapy, P.C., as Assignee of Crystal Roberts and David Wickham, Appellants, v Travelers Home and Marine Insurance Company, Respondent. |
Appeal from an order of the District Court of Suffolk County, Fourth District, entered December 20, 2016.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal as of right lies from the District Court's sua sponte order (see CCA 1702 [a] [2]; Scholes v Meagher, 100 NY2d 333 [2003]), and leave to appeal has not been granted.
Appellants' remedy, if they be so advised, is to move in the District Court to vacate the sua sponte order and, if necessary, appeal from the determination of that motion.
ENTER:
Paul Kenny
Chief Clerk