Opinion
Motion No: 2013-00985 QC
10-07-2015
Great Health Care Chiropractic, P.C. as Assignee of Daveer Chislom, Appellant, v. Nationwide Ins. Co., Respondent.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Queens County, entered February 26, 2013. The order, insofar as appeal from, stayed the action pending the determination of a related declaratory judgment action and implicitly held appellant's motion for summary judgment in abeyance.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
As the declaratory judgment action has been determined by a judgment of the Supreme Court, Nassau County, entered October 2, 2014, so much of the appeal as is from the portion of the order granting the branch of respondent's cross motion seeking to stay the action pending the determination of the related declaratory judgment action is moot (see State of New York v General Elec. Co., 103 AD2d 985 [1984]). No appeal as of right lies from so much of the order as implicitly held in abeyance appellant's motion for summary judgment (see CCA 1702 [a] [2]), and leave to appeal has not been granted.
ENTER:
Paul Kenny
Chief Clerk