| Gc Chiropractic, P.C. As Assignee of Toya Garcia v Allstate Ins. Co. |
| Motion No: 2019-01155 KC |
| Slip Opinion No: 2019 NY Slip Op 78757(U) |
| Decided on August 27, 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
| GC Chiropractic, P.C. as Assignee of Toya Garcia, Appellant, v Allstate Ins. Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 25, 2019. By order to show cause dated July 31, 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 upon the papers filed by appellant and respondent in response thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed as untimely (see CPLR 5513), as respondent shows that the order appealed from was served with notice of entry on March 26, 2019, and the notice of appeal was not filed until May 30, 2019; and it is further,
ORDERED that the motion to dismiss the appeal on the ground that the order was entered on consent is denied as academic.
ENTER:
Paul Kenny
Chief Clerk