| Art of Healing Medicine, P.C., As Assignee of Cirilo, Todd v Unitrin Advantage Ins. Co. |
| Motion No: 2018-00809 QC |
| Slip Opinion No: 2018 NY Slip Op 76781(U) |
| Decided on June 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. |
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
| Art of Healing Medicine, P.C., as Assignee of Cirilo, Todd, Appellant, v Unitrin Advantage Insurance Company, Respondent. |
Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered December 8, 2017. By order to show cause dated May 3, 2018, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that the dismissal of a prior appeal from an intermediate order of that court entered May 19, 2016 for failure to perfect precludes consideration of the issues raised on this appeal pursuant to Bray v Cox (38 NY2d 350 [1976]).
Upon the order to show cause and the papers filed by appellant and respondent in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted to the extent that the appeal is dismissed except insofar as it brings up for review an order of the Civil Court entered June 5, 2014.
ENTER:
Paul Kenny
Chief Clerk