First Unum Life Ins. Co. v Little (2006 NY Slip Op 03284)

First Unum Life Ins. Co. v Little

2006 NY Slip Op 03284 [28 AD3d 1172]

April 28, 2006

Appellate Division, Fourth Department

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

As corrected through Wednesday, June 21, 2006

First Unum Life Insurance Company, Respondent,
v
Robert Little, M.D., Appellant. (Appeal No. 1.)

—[*1]Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered February 24, 2005. The order granted plaintiff's motion for summary judgment, rescinded the disability insurance policy issued by plaintiff to defendant and dismissed defendant's counterclaim.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977 [1989]). Present—Hurlbutt, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.