Opinion
June 26, 1995
Appeal from the Supreme Court, Nassau County (Goldstein, J.).
Ordered that the appeal by the plaintiff Thomas Byrne is dismissed, for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [e]); and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that the defendant is awarded one bill of costs payable by the appellant Edward Glick.
The Supreme Court properly granted summary judgment to the defendant since he proffered sufficient evidence to demonstrate that no triable issues of fact existed, and the papers of the appellant Edward Glick in opposition were insufficient to demonstrate otherwise (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557).
The appellant Glick's remaining contention is without merit. Miller, J.P., Thompson, Friedmann and Florio, JJ., concur.