PARISI v. LEVINE

Ordered that the order is affirmed, with costs.

The defendant presented sufficient evidence to demonstrate, as a matter of law, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) ( see, Gaddy v. Eyler, 79 N.Y.2d 955, 956-957; Licari v. Elliott, 57 N.Y.2d 230). In opposition, the plaintiff proffered a purported affidavit of her treating physician. However, the statement prepared by Dr. Alan Genicoff was neither sworn to nor affirmed to be true under the penalties of perjury and thus did not constitute competent evidence ( see, CPLR 2106; Moore v. Tappen, 242 A.D.2d 526; Reeves v. Scopaz, 227 A.D.2d 606).

Miller, J.P., Ritter, Sullivan, Santucci and McGinity, JJ., concur.