In re Am. Tr. Ins. v. Republic W. Ins.

Full title: IN THE MATTER OF AMERICAN TRANSIT INSURANCE COMPANY, a/s/o DAJ LEASING…

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

Date published: Dec 22, 2003

2003 N.Y. Slip Op. 51664 (N.Y. App. Term 2003)

Opinion

2003-488 Q C.

Decided December 22, 2003.

Consolidated appeal by Republic Western Insurance Company from orders of the Civil Court, Queens County (A. Agate, J.), entered January 31, 2003, denying its motions, in two separate proceedings, to dismiss the petitions.

Orders unanimously affirmed without costs.

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.

Inasmuch as the May 2002 order of the court below did not require "further drafting and judicial approval of the judgment," Uniform Civil Rules for the New York City Civil Court (22 NYCRR) § 208.33 is inapplicable. Accordingly, we find that the court properly denied Republic Western Insurance Company's motions to dismiss the petitions ( see Funk v. Barry, 89 NY2d 364, 367).