Matter of American Tr. Ins. Co. v Republic W. Ins. Co. (2003 NY Slip Op 51664(U))

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American Tr. Ins. Co., Matter of, v Republic W. Ins. Co.

2003 NY Slip Op 51664(U)

Decided on December 22, 2003

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the Official Reports.

Decided on December 22, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., ARONIN and PATTERSON, JJ.
NO. 2003-488 Q C

IN THE MATTER OF AMERICAN TRANSIT INSURANCE COMPANY, a/s/o DAJ LEASING INC. TAXI, Respondent, -

against

REPUBLIC WESTERN INSURANCE COMPANY, Appellant.

Consolidated appeal by Republic Western Insurance Company from orders of the Civil Court, Queens County (A. Agate, J.), entered January 31, 2003, denying its motions, in two separate proceedings, to dismiss the petitions.

Orders unanimously affirmed without costs.

Inasmuch as the May 2002 order of the court below did not require "further drafting and judicial approval of the judgment," Uniform Civil Rules for the New York City Civil Court (22 NYCRR) § 208.33 is inapplicable. Accordingly, we find that the court properly denied Republic Western Insurance Company 's motions to dismiss the petitions (see Funk v Barry, 89 NY2d 364, 367 [1996]).
Decision Date: December 22, 2003