T & J Chiropractic, P.C. v. Am. Transit Ins. Co.

Full title: T & J Chiropractic, P.C., as Assignee of Innocent Masse, Appellant, v…

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

Date published: May 13, 2016

2016 N.Y. Slip Op. 74196 (N.Y. App. Term 2016)

Opinion

Motion No: 2013-01700 QC

05-13-2016

T & J Chiropractic, P.C., as Assignee of Innocent Masse, Appellant, v. American Transit Ins. Co., Respondent.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by appellant, in effect, to vacate this court's decision and order on motion dated March 10, 2016, which dismissed an appeal from an order of the Civil Court of the City of New York, Queens County, entered June 4, 2013, on the ground that the order recited that it was entered on consent.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that appellant's motion is denied.

Appellant's remedy, if it be so advised, is to move in the Civil Court to resettle the order to remove the consent recitation and, in the event the motion is denied, to appeal from the order denying the motion.

ENTER:

Paul Kenny

Chief Clerk