Remedial Med. Care, P.C. v. Ameriprise Ins. Co.

Full title: Remedial Medical Care, P.C., as Assignee of Edwin Huseinovic, Respondent…

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

Date published: Apr 13, 2016

2016 N.Y. Slip Op. 71101 (N.Y. App. Term 2016)

Opinion

Motion No: 2015-00483 KC

04-13-2016

Remedial Medical Care, P.C., as Assignee of Edwin Huseinovic, Respondent, v. Ameriprise Ins. Co., Appellant.

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered December 10, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the appeal is dismissed, as the right of direct appeal from the intermediate order terminated with the entry of a judgment in the action on January 6, 2016 (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues sought to be raised on the appeal from the order may be brought up for review and considered on an appeal from the judgment (see CPLR 5501 [a] [1]); and it is further,

ORDERED that appellant's motion is denied as academic.

ENTER:

Paul Kenny

Chief Clerk