Baldwin Chiropractic, P.C. v. Glob. Liberty Ins. Co. of N.Y.

Full title: Baldwin Chiropractic, P.C., as Assignee of Jordan Jean Baptiste…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Jul 6, 2018

2018 N.Y. Slip Op. 77346 (N.Y. App. Div. 2018)

Opinion

Motion No: 2018-01336 KC

07-06-2018

Baldwin Chiropractic, P.C., as Assignee of Jordan Jean Baptiste, Respondent, v. Global Liberty Ins. Co. of N.Y., Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Kings County, entered April 11, 2018.

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 April 11, 2018 order, and the order does not recite that oral argument was had or set forth 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]). 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