| State Farm Mut. Auto. Ins. Co. a/s/o Lorraine Cerchiara v Eladio Cruz, Jr. |
| Motion No: 2009-00090 QC |
| Slip Opinion No: 2009 NY Slip Op 80345(U) |
| Decided on July 29, 2009 |
| Appellate Term, 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. |
APPELLATE TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS
| STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/s/o LORRAINE CERCHIARA, Appellant, -against- ELADIO CRUZ, JR., Respondent. |
DECISION
Motion by appellant, in essence, to vacate dismissal of the appeal is denied.
Appellant fails to show good cause for its failure to timely perfect the appeal (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR § 731.8 ). The court rules clearly advise an appellant when an appeal is to be perfected. Moreover, there was no showing of merit to the appeal.