Opinion
Motion No: 2007-01840 KC
03-15-2017
Ava Acupuncture, P.C., as Assignee of Rufino Delacruz and Debra Rudden, Appellant, v. State Farm Mutual Automobile Ins. Co., Respondent.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Motions by respondent to dismiss the appeals from the orders of the Civil Court of the City of New York, Kings County, entered September 4, 2007 and October 15, 2010, respectively.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, that the respondent's motions are consolidated for purposes of disposition; and it is further,
ORDERED that the motions are denied.
Contrary to appellant's assertion in opposition to respondent's motions, the provisions of the declaratory judgment entered in the Supreme Court, Nassau County, would appear to apply to the parties to this appeal. Nevertheless, the proper procedure is not a motion to dismiss the appeal as moot but rather for respondent to move for relief in the Civil Court based on the declaratory judgment, as the appeal would not be rendered moot unless and until respondent's res judicata claim is established in the Civil Court. The parties are cautioned that a frivolous appeal may subject the offending parties to sanctions (see Rules of the Chief Administrator of the Courts [22 NYCRR] part 130; Rules of the Appellate Terms, 2d Dept [22 NYCRR] § 730.3 [g]).
ENTER:
Paul Kenny
Chief Clerk