Diagnostic Radiographic Imaging, P.C. v. Geico Gen. Ins. Co.

Full title: Diagnostic Radiographic Imaging, P.C. as Assignee of Zhi Ming Luo, Qi…

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

Date published: Apr 20, 2012

2012 N.Y. Slip Op. 71287 (N.Y. App. Term 2012)

Opinion

2011-3000 K C

04-20-2012

Diagnostic Radiographic Imaging, P.C. as Assignee of Zhi Ming Luo, Qi Zhang and Bao Qun Huang, Respondent, v. GEICO General Ins. Co., Appellant.

MICHAEL L. PESCE

, P.J.

JAIME A. RIOS

THOMAS P. ALIOTTA, 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, Kings County, dated February 4, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed, as no appeal lies from an order entered on the consent of the appealing party (see CPLR 5511; Barry v Barry, 60 AD3d 882 [2009]; Wiener v City of New York, 60 AD3d 598 [2009]; Matter of D'Imperio v Putnam Lake Fire Dept., 262 AD2d 410 [1999]; Reynolds v Spanakos, 196 AD2d 798 [1993]); and it is further,

ORDERED that the motion is denied as moot.

ENTER:

Paul Kenny

Chief Clerk