Opinion
Motion No: 2014-00793 QC
01-16-2015
Dassa Orthopedic Medical Services, P.C. as Assignee of Cynthia Martinez, Appellant, v. Allstate Insurance Company, Respondent.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Queens County, dated March 21, 2014, and to supplement the record on appeal to include certain documents.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that appellant's motion is denied; and it is further,
ORDERED, on the court's own motion, that the appeal is stricken from the general calendar and the appeals calendar.
The order appealed from determined a motion by respondent to compel discovery and a motion by appellant for summary judgment. The appeal has not been properly perfected, as the papers submitted in connection with the summary judgment motion have not been made part of the record before this court. In addition, the order appealed from fails to recite the papers considered on the summary judgment motion, as required by CPLR 2219 (see Matter of Dondi, 63 NY2d 331 [1984]).
ENTER:
Paul Kenny
Chief Clerk