Neptune Med. Care, P.C., As Assignee of Demar Gunter v New York City Tr. Auth.

Neptune Med. Care, P.C., As Assignee of Demar Gunter v New York City Tr. Auth.

Motion No: 2018-00101 KC

Slip Opinion No: 2018 NY Slip Op 69332(U)

Decided on April 2, 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.

Appellate Term of the Supreme Court

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

2018-101 K C

Neptune Medical Care, P.C., as Assignee of Demar Gunter, Respondent, v New York City Transit Authority, Appellant.

Motion by respondent to dismiss an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 27, 2016, for failure to prosecute.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied as moot, as the appeal was marked withdrawn on March 19, 2018.

ENTER:

Paul Kenny

Chief Clerk