Thayer Med., P.C. v. Allstate Ins. Co.

Full title: Thayer Medical, P.C., as Assignee of Rhonda Murphy, Appellant, v. Allstate…

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

Date published: Jul 8, 2016

2016 N.Y. Slip Op. 79416 (N.Y. App. Term 2016)

Opinion

Motion No: 2015-01009 KC

07-08-2016

Thayer Medical, P.C., as Assignee of Rhonda Murphy, Appellant, v. Allstate Ins. Co., Respondent.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 20, 2014. The order, insofar as appealed from as limited by the brief, denied the branch of appellant's cross motion seeking a protective order with respect to discovery sought by respondent. Respondent has stated in its brief that discovery has now been completed. By order to show cause dated June 3, 2016, the parties were directed to show cause before this court why the appeal should not be dismissed as moot, on the ground that discovery has been completed.

Now, upon the order to show cause and the papers filed by appellant and respondent in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see Rodriguez v City of New York, 26 NY2d 833 [1970]).

ENTER:

Paul Kenny

Chief Clerk