Opinion
Motion No: 2014-01953 KC
02-19-2015
Pain Management Center of New Jersey, P.C. as Assignee of Ramon Rodriguez, Appellant-Respondent, v. Travelers Insurance Company, Respondent-Appellant.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
Appeal and cross appeal from an order of the Civil Court of the City of New York, Kings County, entered August 12, 2014. The order, insofar as appealed from by appellant-respondent, upon denying respondent-appellant's motion for summary judgment, "ordered the consideration of the merits of a future motion" for leave to amend the answer. The order, insofar as cross-appealed from by respondent-appellant, purportedly denied an oral application to adjourn the summary judgment motion.
On the court's own motion, it is
ORDERED that the appeal and cross appeal are dismissed.
The appeal is dismissed because the portion of the order appealed from by appellant-respondent did not ultimately determine a motion (see Drucker v Universal Trimming Co., 284 App Div 1042 [1954]). The cross appeal is dismissed on the ground that an appeal as of right from an order lies only where the order determined a motion made on notice (see CCA 1702 [a] [2]), and leave to appeal has not been granted. CPLR 2211 provides that a "motion on notice is made when a notice of the motion or an order to show cause is served."
ENTER:
Paul Kenny
Chief Clerk