February 1, 2013

Central Radiology Servs., P.C. v American Tr. Ins. Co. (2013 NY Slip Op 50181(U))

Headnote

The main issues decided in this case were whether the Civil Court properly granted the defendant's motion to stay the action pending a determination by the Workers' Compensation Board of the parties' rights under the Workers' Compensation Law, and whether the subsequent dismissal of the complaint rendered the appeal academic. The court considered the fact that the Civil Court had granted the defendant's motion to stay the action, and that the complaint had been dismissed subsequent to that order. The court held that the dismissal of the complaint rendered the appeal academic, and therefore dismissed the appeal.

Reported in New York Official Reports at Central Radiology Servs., P.C. v American Tr. Ins. Co. (2013 NY Slip Op 50181(U))

Central Radiology Servs., P.C. v American Tr. Ins. Co. (2013 NY Slip Op 50181(U)) [*1]

Central Radiology Servs., P.C. v American Tr. Ins. Co.

2013 NY Slip Op 50181(U) [38 Misc 3d 138(A)]

Decided on February 1, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 1, 2013

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2011-861 Q C.

Central Radiology Services, P.C. as Assignee of JULIO CRUZ, Appellant, —
against
American Transit Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered February 3, 2011. The order granted defendant’s motion to stay the action pending a determination by the Workers’ Compensation Board of the parties’ rights under the Workers’ Compensation Law.

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 February 3, 2011 which granted defendant’s motion to stay the action pending a determination by the Workers’ Compensation Board of the parties’ rights under the Workers’ Compensation Law. Subsequent to the entry of the February 3, 2011 order, the Civil Court entered an order dismissing the complaint. The dismissal of the complaint renders this appeal academic (see Livny v Rotella, 305 AD2d 377 [2003]; Delta Diagnostic Radiology, P.C. v Allstate Ins. Co., 15 Misc 3d 131[A], 2007 NY Slip Op 50673[U] [App Term, 2d & 11th Jud Dists 2007]; Fair Price Med. Supply Corp. v ELRAC Inc., 13 Misc [*2]3d 33 [App Term, 2d & 11th Jud Dists 2006]).

Accordingly, the appeal is dismissed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: February 01, 2013