Allstate Insurance Company v Kapeleris
Motion No: 2021-09531
Slip Opinion No: 2022 NY Slip Op 70196(U)
Decided on August 19, 2022
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

M284557

MB/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2021-09531

Allstate Insurance Company, appellant,

v Stacey Kapeleris, respondent.

(Index No. 605068/2015)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Nassau County, entered November 20, 2021. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from a decision and to strike the amended notice of appeal as untimely filed.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from a decision is granted, the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is otherwise denied as academic.

BRATHWAITE NELSON, J.P., WOOTEN, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court