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Radiology Today, P.C. As Assignee of Fenel Augustin v. Geico General Insurance Company

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


January 10, 2011

RADIOLOGY TODAY, P.C. AS ASSIGNEE OF FENEL AUGUSTIN,
APPELLANT,
v.
GEICO GENERAL INSURANCE COMPANY,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered September 25, 2009.

Radiology Today, P.C. v GEICO Gen. Ins. Co.

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 10, 2011

PRESENT: GOLIA, J.P., PESCE and STEINHARDT, JJ

The order denied plaintiff's cross motion for a protective order and granted defendant's motion to consolidate 12 other actions with this action for trial, to compel an examination before trial of plaintiff's owner, and to compel document discovery as to the 13 actions.

ORDERED that the appeal is dismissed.

In light of the subsequent order granting defendant's motion to dismiss the complaint (Rudolph Greco, J.) and the judgment entered thereon on November 16, 2009, the right of direct appeal from the order entered September 25, 2009 terminated (see Matter of Aho, 39 NY2d 241, 248 [1976]).

Accordingly, the appeal is dismissed.

Golia, J.P., Pesce and Steinhardt, JJ., concur.

Decision Date: January 10, 2011

20110110

© 1992-2011 VersusLaw Inc.



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