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All Boro Psychological Servs., P.C. v. Allstate Ins. Co.

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Jun 11, 2013
2013 N.Y. Slip Op. 77521 (N.Y. App. Div. 2013)

Opinion

Motion No: 2011-02387 kc

06-11-2013

All Boro Psychological Services, P.C. as Assignee of Roman Romanovich et al., Appellant, v. Allstate Ins. Co., Respondent.


, P.J.

JAIME A. RIOS

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 27, 2011. A review of the record indicates that appellant received from respondent a copy of the order appealed from, with notice of entry, on July 11, 2011 and the notice of appeal was not filed until August 24, 2011.

On the court's own motion, it is

ORDERED that the appeal is dismissed as untimely (see CPLR 5513).

We note that, in any event, that the appeal would be academic, as the complaint was subsequently dismissed by order of the Civil Court entered October 24, 2012 (see Livny v Rotella, 305 AD2d 377 [2003]).

PESCE, P.J., RIOS and ALIOTTA, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk


Summaries of

All Boro Psychological Servs., P.C. v. Allstate Ins. Co.

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
Jun 11, 2013
2013 N.Y. Slip Op. 77521 (N.Y. App. Div. 2013)
Case details for

All Boro Psychological Servs., P.C. v. Allstate Ins. Co.

Case Details

Full title:All Boro Psychological Services, P.C. as Assignee of Roman Romanovich et…

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

Date published: Jun 11, 2013

Citations

2013 N.Y. Slip Op. 77521 (N.Y. App. Div. 2013)