Sutphin Complete Med. Care, As Assignee of Benjamin Jeandady v Encompass Indem. Co.
Motion No: 2015-02308 KC
Slip Opinion No: 2018 NY Slip Op 71394(U)
Decided on April 25, 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

2015-2308 K C
Sutphin Complete Medical Care, as Assignee of Benjamin Jeandady, Appellant, v Encompass Indemnity Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 15, 2015.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as no appeal lies as of right from an order which holds a motion in abeyance (see Acunto v Stewart Ave. Gardens, LLC, 26 AD3d 305 [2006]), and leave to appeal has not been granted.

ENTER:

Paul Kenny

Chief Clerk