| Gentlecare Ambulatory Anesthesia Services; Lyonel F. Paul, M.D., As Assignee of Spencer, Ameerah v Geico Ins. Co. |
| Motion No: 2018-00460 KC |
| Slip Opinion No: 2018 NY Slip Op 70880(U) |
| Decided on April 19, 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
| Gentlecare Ambulatory Anesthesia Services; Lyonel F. Paul, M.D., as Assignee of Spencer, Ameerah, Respondent, v Geico Ins. Co., Appellant. |
Motion by appellant for a stay pending the determination of appeals from (1) an order of the Civil Court of the City of New York, Kings County, dated December 19, 2016, and (2) a judgment of that court entered February 6, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal from the order dated December 19, 2016 is dismissed, as the right of direct appeal from the order terminated with the entry of the judgment on February 6, 2018 (see Matter of Aho, 39 NY2d 241, 248 [1976]), which judgment has been separately appealed; and it is further,
ORDERED that appellant's motion for a stay is denied.
ENTER:
Paul Kenny
Chief Clerk