Key Takeaway
Appellate Term case where attorney disputed consent order despite court notation, resulting in unsuccessful appeal of $500 no-fault insurance claim in Civil Court Kings County.
Healthworx Med., P.C. v Auto One Ins. Co., 2017 NY Slip Op 50559(U)(App. Term 2d Dept. 2017)
The order itself was numbered. Apparently, after the order was written and given to the judge, the numbers of the papers were crossed out and the order in its body said: “oth sides agreed to the above and will not appeal this order.” Out of a fit of rage, I appealed because it was not on consent and there was no appeal waiver. Unless I am taking a plea in a criminal case or settling a civil matter, I never forfeit my right to appeal. The right to appeal is something I cherish and am not afraid to exercise. The attorney who appeared told me it was not on consent. Interestingly, Civil Court (same judge as originally) implicitly saw the lack of logic of consenting to judgment absolute and denied the motion on the lack of reasonable excuse grounds.
The appeal (without costs) was not fruitful. Just so you know, there was no bill for the Camp conference or appeal on this case. The case is worth $500.00 and it will die a less than dignified death. Put an asterisk next to this under the caption “weird things that happen in Civil Kings”.
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