Preferred Ortho Prods., Inc. v. Tri State Consumers Ins. Co.

Full title: Preferred Ortho Products, Inc., as Assignee of Moore, Kyrstal, Appellant…

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

Date published: May 30, 2017

2017 N.Y. Slip Op. 76609 (N.Y. App. Term 2017)

Opinion

Motion No: 2016-00203 QC

05-30-2017

Preferred Ortho Products, Inc., as Assignee of Moore, Kyrstal, Appellant, v. Tri State Consumers Ins. Co., Respondent.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Appeal from so much of an order of the Civil Court of the City of New York, Queens County, entered December 7, 2015 as, sua sponte awarded respondent's counsel $600 in legal fees.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as no appeal as of right lies from the Civil Court's sua sponte order (see Active Care Med. Supply Corp. v Delos Ins. Co., __ Misc 3d ____[A], 2017 NY Slip Op 50650[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]), and leave to appeal has not been granted.

ENTER:

Paul Kenny

Chief Clerk