Opinion
May 10, 1999
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the appeal of Freightliner, Inc., is dismissed, for failure to perfect the appeal ( see, 22 NYCRR 670.8 [e]); and it is further,
Ordered that the order is reversed insofar as appealed from by Peter J. Kurshan, on the law, without costs or disbursements, that branch of the plaintiff's motion which was to impose a sanction upon the appellant is denied, and the sanction imposed is vacated.
Under the particular circumstances of this case, a sanction was not warranted.
S. Miller, J. P., Sullivan, Joy and Altman, JJ., concur.