Actual Chiropractic, P.C., As Assignee of Ruben Rodriguez v Global Liberty Ins. Co. of N. Y.
Motion No: 2019-00121 KC
Slip Opinion No: 2019 NY Slip Op 62123(U)
Decided on January 25, 2019
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

2019-121 K C
2018-1857 K C and
Actual Chiropractic, P.C., as Assignee of Ruben Rodriguez, Respondent, v Global Liberty Insurance Company of New York, Appellant.

Motion by appellant to consolidate appeals from orders of the Civil Court of the City of New York, Kings County, entered May 8, 2018 and December 12, 2018, respectively, and for a stay of enforcement of judgments entered in several other specified proceedings.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED, on the court's own motion, that the parties show cause before this court why appeal No. 2019-121 K C should or should not be dismissed on the ground that the appeal was not properly taken in that service of the notice of appeal was made to an improper address and no application has been made pursuant to CPLR 5520 (a) to cure the omission, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before February 20, 2019; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties' attorneys by regular mail.

The notice of appeal was served on respondent's attorney at 32 Court Street, Suite 205, Brooklyn, NY 11201, rather than 100 Livingston Street, 4th Floor, Brooklyn, NY 11201.

ENTER:

Paul Kenny

Chief Clerk