MATTER OF AETNA CAS. & SUR. CO. v. SERRANO


181 A.D.2d 731 (1992)

In the Matter of Aetna Casualty and Surety Company, Respondent, v. Maria R. Serrano, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 9, 1992


Ordered that the appeal is dismissed, without costs or disbursements.

The petitioner's motion "for an order enforcing" the order dated July 24, 1989, was returnable February 16, 1990, and contained a demand that answering papers be served five days before the return date (see, CPLR 2214 [b]). However, the answering papers were not served until March 2, 1990. The court refused to consider the untimely papers and granted the petitioner's motion upon the respondent...

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