Nova Casualty Company v L.I. Pool Guys, Inc.
Motion No: 2008-10701
Slip Opinion No: 2009 NY Slip Op 73873(U)
Decided on June 2, 2009
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

M87009

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-10701

DECISION & ORDER ON APPLICATION

Nova Casualty Company, respondent,

v L.I. Pool Guys, Inc., defendant, Mary

Ann Rosati, appellant.

(Index No. 26649-07)

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated October 6, 2008.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by the judgment dated October 6, 2008; and it is further,

ORDERED that the application is denied as academic.

DILLON, J.P., SANTUCCI, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court