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 77225(U)
Decided on July 31, 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

2019-1037 K C
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. By order to show cause dated July 10, 2019, the parties were directed to show cause why the 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.

Upon the order to show cause and the papers filed by appellant in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied.

ENTER:

Paul Kenny

Chief Clerk