PRIORITY MEDICAL DIAGNOSTICS, P.C., a/a/o JULIO ESPINAL, plf-res, v. NEW YORK CENTRAL MUTUAL FIRE, INSURANCE COMPANY, def-app

570005/14. PRIORITY MEDICAL DIAGNOSTICS, P.C., a/a/o JULIO ESPINAL, plf-res, v. NEW YORK CENTRAL MUTUAL FIRE, INSURANCE COMPANY, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Raul Cruz, J.) entered February 9, 2012, reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is granted. The Clerk is directed to enter judgment accordingly.

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570005/14. PRIORITY MEDICAL DIAGNOSTICS, P.C., a/a/o JULIO ESPINAL, plf-res, v. NEW YORK CENTRAL MUTUAL FIRE, INSURANCE COMPANY, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Order (Raul Cruz, J.) entered February 9, 2012, reversed, without costs, and defendant’s motion for summary judgment dismissing the complaint is granted. The Clerk is directed to enter judgment accordingly.

The defendant insurer made a prima facie showing of entitlement to summary judgment dismissing the plaintiff provider’s claim for first party no fault benefits by establishing that it timely and properly mailed the notices for independent medical examinations (IMEs) to plaintiff’s assignor, and that the assignor failed to appear (see American Tr. Ins. Co. v. Lucas, 111 AD3d 423 [2013]; American Tr. Ins. Co. v. Solorzano, 108 AD3d 449 [2013]). The affidavit of defendant’s third-party IME scheduler, who had personal knowledge of his office’s standard mailing practices and procedures, sufficiently established the mailing of the IME notices (see Preferred Mut. Ins. Co. v. Donnelly, 22 NY3d 1169 [2014]). Defendant also submitted competent evidence of the assignor’s nonappearance in the form of the sworn affidavits of the scheduled examining chiropractor and acupuncturist, as well as the IME scheduler, setting forth sufficient facts to demonstrate the affiants’ personal knowledge of the assignor’s repeated failures to appear for the IMEs and the office practices and policies when an assignor fails to appear (see American Tr. Ins. Co. v. Lucas, 111 AD3d at 424).

PRIORITY MEDICAL DIAGNOSTICS, P.C., a/a/o JULIO ESPINAL, plf-res, v. NEW YORK CENTRAL MUTUAL FIRE, INSURANCE COMPANY, def-app

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