Opinion
April 18, 1994
Appeal from the Supreme Court, Suffolk County (Signorelli, S.).
Ordered that the order is affirmed, with costs payable by the appellant personally.
To obtain summary judgment the movant must make a "prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issue[s] of fact" (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324). Here, the petitioner made such a showing (see, Zuckerman v City of New York, 49 N.Y.2d 557). The appellant's opposing papers did not constitute sufficient proof to defeat the motion for summary judgment, because they consisted entirely of conclusory statements and unsubstantiated allegations (see, Zuckerman v City of New York, supra). Bracken, J.P., Sullivan, Miller and Hart, JJ., concur.