Schwartz v Lincoln Life and Annuity Company of New Yo
Motion No: 2014-00968
Slip Opinion No: 2014 NY Slip Op 85844(U)
Decided on October 8, 2014
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

M180870

T/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-00968

Joel Schwartz, etc., appellant,

v Lincoln Life and Annuity Company

of New York, respondent, et al., defendants.

(Index No. 500586/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 21, 2013, 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 in accordance with the rules of this Court (see 22 NYCRR 670.8[e]).

RIVERA, J.P., LEVENTHAL, HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court