May 28, 2008

Complete Med. Svcs. of N.Y., P.C. v MVAIC (2008 NY Slip Op 51119(U))

Headnote

MVAIC's appeal from an intermediate summary judgment order was dismissed because entry of judgment terminated the right of direct appeal. The order determined that the provider's affidavit established mailing of the claim forms to MVAIC. Applying Matter of Aho, the Appellate Term, Second Department, dismissed the appeal without addressing the merits of that determination in the provider's action for assigned no-fault benefits.

Reported in New York Official Reports at Complete Med. Svcs. of N.Y., P.C. v MVAIC (2008 NY Slip Op 51119(U))

[*1]
Complete Med. Svcs. of N.Y., P.C. v MVAIC
2008 NY Slip Op 51119(U) [19 Misc 3d 145(A)]
Decided on May 28, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 28, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
2007-455 Q C.

Complete Medical Svcs. of N.Y., P.C. as assignee of DONALD McNAIR, Respondent,

against

MVAIC, Appellant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered February 8, 2007. The order granted plaintiff’s motion for summary judgment “to the extent [of] . . . determin[ing] that the affidavit of mailing of the claim forms establishes mailing of the forms to [defendant] insurer.”


Appeal dismissed.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action on March 13, 2007 (see Matter of Aho, 39 NY2d 241 [1976]; Anderson v Anderson, ___ AD3d ___, 2008 NY Slip Op 02944 [2d Dept 2008]; Woodhaven Assoc., Inc. v Woodhaven Blvd. Rest., Inc., 46 AD3d 679 [2007]).

Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: May 28, 2008

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