| Doctor Goldshteyn Chiropractic, P.C. As Assignee of Auteri Fabio v Empire Fire & Mar. Ins. Co. |
| Motion No: 2019-01112 KC |
| Slip Opinion No: 2019 NY Slip Op 77950(U) |
| Decided on August 16, 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
| Doctor Goldshteyn Chiropractic, P.C. as Assignee of Auteri Fabio, Appellant, v Empire Fire and Marine Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 13, 2019. By order to show cause dated July 16, 2019, the parties were directed to show cause why the appeal 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 upon respondent rather than upon respondent's attorney.
Upon the order to show cause, and the papers filed in support of and the papers filed in opposition to the motion, it is
ORDERED that the motion to dismiss the appeal is denied.
ENTER:
Paul Kenny
Chief Clerk