Progressive Northeastern Insurance Company v North Stat
Motion No: 2008-08304
Slip Opinion No: 2008 NYSlipOp 83179(U)
Decided on September 16, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M75740

S/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2008-08304

Progressive Northeastern Insurance Company, appellant,

v North State Autobahn, Inc., d/b/a North State Custom

Auto, et al., respondents.

(Index No. 05-8750)

DECISION & ORDER ON MOTION

Appeal by Progressive Northeastern Insurance Company from an oral ruling of the Supreme Court, Westchester County, issued August 5, 2008.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an oral ruling (see Ojeda v Metropolitan Playhouse, 120 AD2d 717; CPLR 5701).

FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court