| Ea Chiropractic Diagnostics, P.C., As Assignee of Elizabeth Santiago, Et Al. v Geico Ins. |
| Motion No: 2019-01288 KC |
| Slip Opinion No: 2019 NY Slip Op 78627(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.
ORDER TO SHOW CAUSE
| EA Chiropractic Diagnostics, P.C., as Assignee of Elizabeth Santiago, et al., Respondent, v GEICO Insurance, Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 20, 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 September 12, 2019, and on the additional ground that the appeal was not properly taken in that the service of the notice of appeal was made to an improper address; 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.
The notice of appeal was served on respondent's attorney at 32 Court Street, Suite 205, Brooklyn, NY 11201, rather than 100 Livingston Street, 4th Floor, Brooklyn, NY 11201.
ENTER:
Paul Kenny
Chief Clerk