Opinion
No. 2013–2453RIC.
05-06-2015
RICHARD A. HELLANDER, M.D., P.C. as Assignee of Makanj–Sam Adedapo, Respondent, v. METLIFE AUTO & HOME INSURANCE COMPANY, Appellant.
Opinion
ORDERED that, on the court's own motion, the notice of appeal from an order of the same court dated November 6, 2013 is deemed a premature notice of appeal from the amended order entered December 12, 2013 (see CPLR 5520[c] ); and it is further,
ORDERED that the amended order is reversed, with $30 costs, and defendant's motion to dismiss the complaint is granted.
For the reasons stated in Richard A. Hellander, M.D., P.C. as Assignee of Bryan Friend v. Metlife Auto & Home Ins. Co. (––– Misc.3d ––––, 2015 N.Y. Slip Op –––– [appeal No.2013–2452 RI C], decided herewith), the amended order is reversed and defendant's motion to dismiss the complaint is granted.
PESCE, P.J., SOLOMON and ELLIOT, JJ., concur.