| Baldwin Chiropractic, P.C., As Assignee of Jordan Jean Baptiste v Global Liberty Ins. Co. of N.Y. |
| Motion No: 2018-01336 KC |
| Slip Opinion No: 2018 NY Slip Op 77346(U) |
| Decided on July 6, 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
| Baldwin Chiropractic, P.C., as Assignee of Jordan Jean Baptiste, Respondent, v Global Liberty Ins. Co. of N.Y., Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered April 11, 2018.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
Appellant did not submit any papers in opposition to respondent's motion giving rise to the April 11, 2018 order, and the order does not recite that oral argument was had or set forth the substance of any arguments made at oral argument. In these circumstances, the order appealed from cannot be reviewed on direct appeal (see Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; see also M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]). Appellant's remedy, if appellant be so advised, is to move in the Civil Court for relief from the order appealed from.
ENTER:
Paul Kenny
Chief Clerk