First Aid Occupational Therapy, PLLC v. S. Chiropractic, P.C.

Full title: First Aid Occupational Therapy, PLLC, Horton Medical, P.C., Lynbrook…

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

Date published: Nov 10, 2011

2011 N.Y. Slip Op. 89735 (N.Y. App. Term 2011)

Opinion

2011-2471 K C

11-10-2011

First Aid Occupational Therapy, PLLC, Horton Medical, P.C., Lynbrook Acupuncture, P.C. and v. S. Chiropractic, P.C. as Assignees of Guillermo Lopez, Respondents, v. Motor Vehicle Accident Indemnification Corporation, Appellant.

MARSHA L. STEINHARDT

, J.P.

MICHAEL L. PESCE

MICHELLE WESTON, JJ.

DECISION & ORDER ON MOTION

Motion by respondents to dismiss as abandoned an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered December 8, 2008, and an appeal from an order of the same court dated June 14, 2010.

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 from the judgment is dismissed on the ground that no appeal lies from a judgment entered pursuant to an order granting an unopposed motion for summary judgment (see CPLR 5511); and it is further,

ORDERED, on the court's own motion, that the appeal from the order is dismissed on the ground that no appeal lies from a refusal to sign an order to show cause (CCA 1702 [a] [2]; Matter of Allah v Scheinman, 61 NY2d 755 [1984]; Khanal v Sheldon, 74 AD3d 894 [2010]; Gache v Town/Village of Harrison, 251 AD2d 624 [1998]; People ex rel. Aguilar v Kelly, 143 AD2d 535 [1988]; Poplar Realty v Po, 3 Misc 3d 22 [App Term, 2d & 11th Jud Dists 2003]; 10 Carmody-Wait 2d, NY Prac § 70:8, at 238; cf. CPLR 5704); and it is further,

ORDERED that respondents' motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk