MEZENTSEFF v. LAU

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted by the respondent.

The appellant established a prima facie case that the injuries sustained by the respondent were not serious within the meaning of Insurance Law — 5102(d) by submitting an affirmed report of a board-certified neurologist, who examined the respondent and concluded that "there is no disability" (see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957). The medical evidence submitted by the respondent in opposition to the motion, a report prepared by a board-certified psychiatrist, was neither sworn to nor affirmed to be true under penalty of perjury, and thus did not constitute competent evidence (see, CPLR 2106; Moore v. Tappen, 242 A.D.2d 526). Accordingly, the respondent failed to raise a triable issue of fact as to whether she sustained a serious injury.