Lacina v. Hereford Ins. Co.

Full title: Francis J. Lacina, M.D., as Assignee of Chaundry, Figaro, Appellant, v…

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

Date published: Jan 10, 2019

2019 N.Y. Slip Op. 61286 (N.Y. App. Term 2019)

Opinion

Motion No: 2018-02356 KC

01-10-2019

Francis J. Lacina, M.D., as Assignee of Chaundry, Figaro, Appellant, v. Hereford Insurance Co., Respondent.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Kings County, entered October 16, 2018.

On the court's own motion, it is

ORDERED that the appeal is dismissed.

Appellant did not submit any papers in opposition to respondent's motion giving rise to the October 16, 2018 order, and the order does not set forth the substance of any arguments made at oral argument. In these circumstances, the order appealed from cannot be reviewed on direct appeal (see Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; see also M & C Bros., Inc. v Torum, 75 AD3d 869 [2010]). Appellant's remedy, if appellant be so advised, is to move in the Civil Court for relief from the order appealed from.

ENTER:

Paul Kenny

Chief Clerk