Darren T. Mollo, D.C., As Assignee of Raoul, Linda v Global Liberty Ins.
Motion No: 2020-00233 KC
Slip Opinion No: 2020 NY Slip Op 64329(U)
Decided on February 24, 2020
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

THOMAS P. ALIOTTA, P.J.

DAVID ELLIOT

WAVNY TOUSSAINT, JJ.

DECISION & ORDER ON MOTION

2020-233 K C
Darren T. Mollo, D.C., as Assignee of Raoul, Linda, Respondent, v Global Liberty Insurance, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered July 5, 2019.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

Appellant did not submit any papers in opposition to respondent's motion giving rise to the July 5, 2019 order, and the order does not set forth the substance of any arguments made at oral argument or provide a transcript thereof. In these circumstances, the order appealed from cannot be reviewed on direct appeal (see Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; see also M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]). Appellant's remedy, if appellant be so advised, is to move in the Civil Court for relief from the order appealed from.

ENTER:

Paul Kenny

Chief Clerk