Opinion
Motion No 2020-00559 KC
12-31-2022
Scott Chiropractic, P.C., as Assignee of Douglas Summers, Respondent, v. GEICO General Ins. Co., Appellant.
Unpublished Opinion
MOTION DECISION
THOMAS P. ALIOTTA, P.J. DONNA-MARIE E. GOLIA CHEREÉ A. BUGGS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 13, 2019.
On the court's own motion, it is
ORDERED that the appeal is dismissed. The order being appealed from does not recite any papers considered on the motion, as required by CPLR 2219 (a), and in fact purports to deny defendant's motion for summary judgment on a procedural ground without consideration of the papers. This order is not appealable (see Matter of Dondi, 63 N.Y.2d 331, 339 [1984]; Farber v Stockton, 131 Misc.2d 470, 470 [App Term, 2d Dept, 2d & 11th Jud Dists 1986]). It is also noted that the record provided to this court does not include the full set of papers submitted to the Civil Court.
Golia, J. taking no part.