Grossman v New York Life Insurance Company
Motion No: 2010-05162
Slip Opinion No: 2010 NY Slip Op 83231(U)
Decided on September 23, 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

M108716

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-05162

Israel Grossman, et al., appellants, v New

York Life Insurance Company, respondent

(and a third-party action).

(Index No. 2801/07)

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 January 26, 2010, as untimely taken, to impose a sanction upon the appellants, and for an award of costs and an attorney's fee.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court