Complete Med. Svcs. of N.Y., P.C. v. Mvaic

Full title: COMPLETE MEDICAL SVCS. OF N.Y., P.C. as assignee of DONALD McNAIR…

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: May 28, 2008

2008 N.Y. Slip Op. 51119 (N.Y. App. Term 2008)

Opinion

2007-455 Q C.

Decided May 28, 2008.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered February 8, 2007. The order granted plaintiff's motion for summary judgment "to the extent [of] . . . determin[ing] that the affidavit of mailing of the claim forms establishes mailing of the forms to [defendant] insurer."

Appeal dismissed.

PRESENT: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action on March 13, 2007 ( see Matter of Aho, 39 NY2d 241; Anderson v Anderson, ___ AD3d ___, 2008 NY Slip Op 02944 [2d Dept 2008]; Woodhaven Assoc., Inc. v Woodhaven Blvd. Rest., Inc., 46 AD3d 679).

Pesce, P.J., Weston Patterson and Golia, JJ., concur.