| Ksenia Pavlova, D.O., As Assignee of Simpkins, Devon v Nationwide Ins. |
| Motion No: 2018-00776 KC |
| Slip Opinion No: 2019 NY Slip Op 76181(U) |
| Decided on July 17, 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.
DECISION & ORDER ON MOTION
| Ksenia Pavlova, D.O., as Assignee of Simpkins, Devon, Appellant, v Nationwide Ins., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered July 14, 2017. The order held in abeyance respondent's motion for summary judgment and appellant's cross motion for summary and sua sponte directed appellant to provide requested verification.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
No appeal lies from an order that leaves a motion pending and undecided (see Baez v First Liberty Ins. Corp., 95 AD3d 1250 [2012]). In addition, no appeal as of right lies from a sua sponte order (see CCA 1702 [a] [2]; CPLR 2211; Sholes v Meagher, 100 NY2d 333 [2003]) and leave to appeal has not been granted.
ENTER:
Paul Kenny
Chief Clerk