| 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 81285(U) |
| Decided on October 4, 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
| 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. By order to show cause dated August 23, 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 (see CPLR 5511) 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.
Upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied.
ENTER:
Paul Kenny
Chief Clerk