| Karen M. Stephens v Tri-state Ins. Co. |
| Motion No: 2017-01096 QC |
| Slip Opinion No: 2018 NY Slip Op 73415(U) |
| Decided on May 16, 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
| Karen M. Stephens, Respondent, v Tri-State Insurance Company, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered April 7, 2017, for failure to perfect, and, in effect, to consolidate the above-enumerated appeal with an appeal from an amended judgment of the same court entered February 23, 2018 (appeal No. 2018-812 Q C). Separate motion by appellant for an enlargement of time to perfect the above-enumerated appeal.
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 respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED, on the court's own motion, that the appeal from the judgment entered April 7, 2017 (appeal No. 2017-1096 Q C) is dismissed, as that judgment was superseded by the amended judgment entered February 23, 2018; and it is further,
ORDERED that respondent's motion and appellant's motion are denied as academic.
ENTER:
Paul Kenny
Chief Clerk