Varrati v Fidelity and Casualty Company of New York
Motion No: 2009-05335
Slip Opinion No: 2010 NY Slip Op 65810(U)
Decided on March 17, 2010
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

M99924

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2009-05335

Valeri H. Varrati, appellant, v Fidelity

and Casualty Company of New York,

respondent.

(Index No. 39424/06)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 25, 2009, for failure to timely perfect.

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

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

ENTER:

James Edward Pelzer

Clerk of the Court