Alev Med. Supply, Inc. v American Tr. Ins. Co.

[*1] Alev Med. Supply, Inc. v American Tr. Ins. Co. 2012 NY Slip Op 50568(U) Decided on March 28, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 28, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MOLIA, J.P., NICOLAI and LaCAVA, JJ
2011-675 N C.

Alev Medical Supply, Inc. as Assignee of MUHAMMAD RAUF, Appellant,

against

American Transit Insurance Company, Respondent.

Appeal from an order of the District Court of Nassau County, Third District (Michael A. Ciaffa, J.), entered December 10, 2010. The order, insofar as appealed from, granted defendant's cross motion to stay the action pending final resolution of a prompt application to the Workers' Compensation Board to determine the parties' rights under the Workers' Compensation Law, and for summary judgment dismissing the complaint in the event plaintiff fails to file proof with the District Court of such application within 90 days of the date of the order.

ORDERED that the appeal is dismissed.

A review of the information on the New York State Unified Court System E-Courts public Web site, of which we may take judicial notice (see Matter of L & Q Realty Corp. v Assessor, 71 AD3d 1025 [2010]; Kingsbrook Jewish Med. Ctr. v Allstate Ins. Co., 61 AD3d 13, 20 [2009]), reveals that, although no judgment has been entered, the complaint was dismissed subsequent to the entry of the order appealed from. In light of that dismissal, this appeal must be dismissed as academic (see Livny v Rotella, 305 AD2d 377 [2003]; Cherico, Cherico & Assoc. v Lamanna, 21 Misc 3d 137[A], 2008 NY Slip Op 52292[U] [App Term, 9th & 10th Jud Dists 2008]). [*2]

Molia, J.P., Nicolai and LaCava, JJ., concur.
Decision Date: March 28, 2012