Opinion
No. 2011–591KC.
2013-01-14
Y & W ACUPUNCTURE PLLC as Assignee of Mark Hanna, Appellant, v. CHUBB INDEMNITY INS. CO., Respondent.
PRESENT: PESCE, P.J., WESTON and ALIOTTA, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Alan Lebowitz, J.H.O.), entered June 14, 2010. The order granted defendant's motion to dismiss the complaint pursuant to CPLR 3126 to the extent of compelling plaintiff to respond to defendant's discovery demands.
ORDERED that the appeal is dismissed.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court entered June 14, 2010. The order granted defendant's motion to dismiss the complaint pursuant to CPLR 3126 to the extent of compelling plaintiff to respond to defendant's discovery demands. Subsequent to the entry of the June 14, 2010 order, the Civil Court entered an order dismissing the complaint. The dismissal of the complaint renders this appeal academic ( see Livny v. Rotella, 305 A.D.2d 377 [2003];Delta Diagnostic Radiology, P.C. v. Allstate Ins. Co., 15 Misc.3d 131[A], 2007 N.Y. Slip Op 50673[U] [App Term, 2d & 11th Jud Dists 2007]; Fair Price Med. Supply Corp. v. ELRAC Inc., 13 Misc.3d 33 [App Term, 2d & 11th Jud Dists 2006] ), and the appeal is, accordingly, dismissed.