Drivas Med. Care, P.C. v. Geico Gen. Ins. Co.

Full title: Drivas Medical Care, P.C., as Assignee of Elroy Lee, Appellant, v. GEICO…

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

Date published: Apr 20, 2017

2017 N.Y. Slip Op. 71750 (N.Y. App. Term 2017)

Opinion

Motion No: 2017-00620 KC

04-20-2017

Drivas Medical Care, P.C., as Assignee of Elroy Lee, Appellant, v. GEICO General Ins. Co., Respondent.

DAVID ELLIOT, J.P.

MICHAEL L. PESCE

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Kings County, entered August 2, 2010.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a judgment on October 12, 2011 (see Matter of Aho, 39 NY2d 241, 248 [1976]), which judgment has been separately appealed. The issues raised on the appeal from the order may be brought up for review and considered on the appeal from the judgment (see CPLR 5501 [a] [1]).

ENTER:

Paul Kenny

Chief Clerk