| Charles Deng Acupuncture, P.C., As Assignee of Jadell Wilson v 21st Century Ins. Co. |
| Motion No: 2019-01128 KC |
| Slip Opinion No: 2019 NY Slip Op 78622(U) |
| Decided on August 23, 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
| Charles Deng Acupuncture, P.C., as Assignee of Jadell Wilson, Respondent, v 21st Century Insurance Company, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 20, 2019. By order to show cause dated July 24, 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. Appellant's counsel has submitted an affirmation in which he agrees that the order was entered on consent and applies to withdraw the appeal.
Upon the order to show cause and the papers filed by appellant in response thereto, it is
ORDERED that the application to withdraw the appeal is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the motion to dismiss the appeal is denied as academic.
ENTER:
Paul Kenny
Chief Clerk