Matter of First Cent. Ins. Co.

Matter of First Cent. Ins. Co.

Motion No: 879

Slip Opinion No: 2006 NYSlipOp 77909

Decided on October 19, 2006

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

In the Matter of First Central Insurance Company, Appellant; Zesha Auerbach, et al., Respondents.

Motion, insofar as it seeks leave to appeal from the Appellate Division order of reversal, dismissed as untimely. The prior motion for leave to appeal made to the Appellate Division was untimely (see Karger, Powers of the New York Court of Appeals 12:3, at 436-437 [rev 3d ed 2005]). Motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, in the alternative, leave to appeal to this Court, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution.