| Joseph W. McGarr, & c. v The Guardian Life Ins. Co. of Am. |
| Motion No: 839 |
| Slip Opinion No: 2008 NYSlipOp 82231 |
| Decided on September 11, 2008 |
| 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. |
Joseph W. McGarr, & c., Appellant, v. The Guardian Life Insurance Company of America et al., Defendants, James Downing, Respondent.
Motion for leave to appeal dismissed as untimely (see CPLR 5513[b]).