| Active Care Med. Supply Corp., As Assignee of Louissaint, Marie R. v Citiwide Auto Leasing |
| Motion No: 2015-02414 KC |
| Slip Opinion No: 2018 NY Slip Op 69171(U) |
| Decided on March 28, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Active Care Medical Supply Corp., as Assignee of Louissaint, Marie R., Respondent, v Citiwide Auto Leasing, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered July 15, 2015.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as appellant is not aggrieved by the order appealed from, which denied respondent's motion for summary judgment and failed to consider appellant's cross motion (see CPLR 5511; J.K.M. Med. Care, P.C. v Allstate Prop. & Cas. Ins. Co., 2014 NY Slip Op 76062[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]). To the extent appellant seeks to have its cross motion considered by the Civil Court, appellant's remedy is to make a motion for that relief in the Civil Court.
ENTER:
Paul Kenny
Chief Clerk