State Farm Mutual Automobile Insurance Company v Yen
Motion No: 2010-10321
Slip Opinion No: 2010 NY Slip Op 88960(U)
Decided on November 26, 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

M111523

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-10321

State Farm Mutual Automobile Insurance

Company, respondent, v Bartholomew C.

Yenna, appellant, et al., defendants.

(Index No. 8124/09)

DECISION & ORDER ON MOTION

Motion by Bartholomew C. Yenna for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated September 20, 2010.

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

ORDERED that on the court's own motion, the motion papers are deemed to be a notice of appeal from an order dated August 26, 2010, as amended September 20, 2010 (see CPLR 5520[b]); and it is further,

ORDERED that the motion is denied as unnecessary as the order is appealable as of right (see CPLR 5701).

SKELOS, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court