| Adelaida M. Laga, P.T., As Assignee of Brezil, Anette v American Commerce Ins. Co. |
| Motion No: 2016-00126 KC |
| Slip Opinion No: 2021 NY Slip Op 75026(U) |
| Decided on November 18, 2021 |
| 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
THOMAS P. ALIOTTA, P.J.
WAVNY TOUSSAINT
DONNA-MARIE E. GOLIA, JJ.
DECISION & ORDER ON MOTION
| Adelaida M. Laga, P.T., as Assignee of Brezil, Anette, Appellant, v American Commerce Insurance Company, Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered December 1, 2015.
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 order, and the order does not recite the substance of any arguments made at oral argument. 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]; cf. Matter of 144 Stuyvesant, LLC v Goncalves, 119 AD3d 695 [2014]). Appellant's remedy, if it be so advised, is to move in the Civil Court to vacate the order.
ENTER:
Paul Kenny
Chief Clerk