Opinion
Motion No: 2013-01402 QC
09-24-2014
Vladenn Medical Supply Corp. as Assignee of Meagan Ash, Appellant, v. American Transit Ins. Co., Respondent.
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, Queens County, entered May 17, 2013. The order, in effect, held appellant's motion for summary judgment in abeyance pending the determination of a declaratory judgment action.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal as of right lies from an order that does not decide a motion (see CCA 1702 [a] [2]; Evan S. v Joseph R., 79 AD3d 668 [2010]; Acunto v Stewart Ave. Gardens, LLC, 26 AD3d 305 [2006]), and leave to appeal has not been granted.
ENTER:
Paul Kenny
Chief Clerk