| Scott Chiropractic, P.C., As Assignee of Douglas Summers v Geico Gen. Ins. Co. |
| Motion No: 2020-00559 KC |
| Slip Opinion No: 2022 NY Slip Op 76583(U) |
| Decided on December 30, 2022 |
| 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.
DONNA-MARIE E. GOLIA
CHEREÉ A. BUGGS, JJ.
DECISION & ORDER ON MOTION
| Scott Chiropractic, P.C., as Assignee of Douglas Summers, Respondent, v GEICO General Ins. Co., Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 13, 2019.
On the court's own motion, it is
ORDERED that the appeal is dismissed. The order being appealed from does not recite any papers considered on the motion, as required by CPLR 2219 (a), and in fact purports to deny defendant's motion for summary judgment on a procedural ground without consideration of the papers. This order is not appealable (see Matter of Dondi, 63 NY2d 331, 339 [1984]; Farber v Stockton, 131 Misc 2d 470, 470 [App Term, 2d Dept, 2d & 11th Jud Dists 1986]). It is also noted that the record provided to this court does not include the full set of papers submitted to the Civil Court.
Golia, J. taking no part.
ENTER:
Paul Kenny
Chief Clerk