| Pinkesz v Wertzberger |
| Motion No: 2023-10051 |
| Slip Opinion No: 2024 NY Slip Op 64604(U) |
| Decided on March 22, 2024 |
| 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. |
Appellate Division: Second Judicial Department
M295136
AFA/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
HELEN VOUTSINAS
LOURDES M. VENTURA, JJ.
|
2023-10051 Anthony Pinkesz, plaintiff-respondent, v Joel Wertzberger, appellant, Massachusetts Mutual Life Insurance Co., defendant-respondent. (Index No. 511709/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated August 16, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the defendant-respondent to dismiss the appeal, in effect, on the ground that the appellant is not aggrieved by the order and to impose a sanction upon the appellant.
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 branch of the motion which is to dismiss the appeal is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
BARROS, J.P., CHAMBERS, VOUTSINAS and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court