Meccariello v Allstate Ins. Co. (2004 NY Slip Op 03372)

Meccariello v Allstate Ins. Co.

2004 NY Slip Op 03372 [6 AD3d 1168]

April 30, 2004

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, June 30, 2004

Frances R. Meccariello et al., Respondents, v Allstate Insurance Company, Appellant.

—[*1]Appeal from a judgment (denominated order) of the Supreme Court, Onondaga County (Edward D. Carni, J.), entered May 9, 2003. The judgment granted plaintiffs' motion for a declaration that plaintiffs' notice of claim to defendant was timely.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Pigott, Jr., P.J., Pine, Scudder, Gorski and Hayes, JJ.