| Midwood Total Rehab Med., P.C., As Assignee of Rosario, Rafael v Republic W. Ins. Co. |
| Motion No: 2019-01037 KC |
| Slip Opinion No: 2019 NY Slip Op 75371(U) |
| Decided on July 10, 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
| Midwood Total Rehab Medical, P.C., as Assignee of Rosario, Rafael, Respondent, v Republic Western Insurance Company, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered April 22, 2019.
On the court's own motion, it is
ORDERED that the parties show cause before this court why the above-entitled appeal should or should not be dismissed on the ground that the order appealed from, which is initialed by both parties' attorneys, was entered on consent and is thus not appealable (see CPLR 5511 ), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before July 24, 2019; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the parties' attorneys by regular mail.
ENTER:
Paul Kenny
Chief Clerk