Mallebranche v Transportation Insurance Company
Motion No: 2012-08893
Slip Opinion No: 2013 NY Slip Op 94547(U)
Decided on December 18, 2013
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

M167000

E/ct

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2012-08893

Carlo Mallebranche, appellant, v Transportation

Insurance Company, respondent.

(Index No. 4326/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 17, 2012, for failure to timely perfect. Cross motion by the appellant to enlarge the time to perfect the appeal.

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

ORDERED that the cross motion is denied; and it is further,

ORDERED that the motion is granted and the appeal is dismissed for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e][1]) and prior order of the Court.

DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court