Matter of Travelers Indemnity Company v Progressive Casual
Motion No: 2011-05622
Slip Opinion No: 2012 NY Slip Op 72340(U)
Decided on May 4, 2012
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

M137249

S/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2011-05622

In the Matter of Travelers Indemnity

Company, etc., petitioner-respondent,

v Progressive Casualty Insurance, appellant,

Conrad Richardson, respondent-respondent,

et al., respondents.

(Index No. 14349/10)

DECISION & ORDER ON MOTION

Appeal by Progressive Casualty Insurance from an order of the Supreme Court, Nassau County, dated April 8, 2011. By decision and order on motion of this Court dated February 2, 2012, the motion of the respondent-respondent, Conrad Richardson, in effect, to direct the appellant to file a supplemental record was granted and the appellant was directed to file a supplemental record containing the affirmation of Ariel Aminov dated December 5, 2010, and the exhibits annexed thereto, on or before March 5, 2012. The appellant has not complied with the decision and order on motion dated February 2, 2012.

Now, on the Court's own motion, it is

ORDERED that the appeal is dismissed, with one bill of costs to the petitioner-respondent and the respondent-respondent, for failure to comply with the decision and order on motion dated February 2, 2012.

RIVERA, J.P., ENG, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court