| Countrywide Ins. Co. v Benson Med. (Moore) |
| Motion No: 570305/07 |
| Slip Opinion No: 2007 NYSlipOp 78976(U) |
| Decided on September 26, 2007 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
September 26, 2007
Countrywide Ins. Co. v Benson Med. (Moore)
It is Ordered that the motion to dismiss is granted unless the appeal is argued or submitted by no later than the January 2008 term - the filing deadline is November 14, 2007. No further extension of time will be granted. In the event of appellant's failure to comply with the foregoing condition, the respondent may move on five days' notice for an order dismissing the appeal. In all other respects, the motion is denied. The papers submitted as a cross-motion, not having been timely served, were considered solely in opposition to the motion. ( see CPLR § 2215 and 2103[b][2]).
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570305/07