DOCKET NO. CA 07-02079

MARY-BETH HUTHMACHER, AS ADMINISTRATRIX OF THE ESTATE OF MICHAEL D. HUTHMACHER, INDIVIDUALLY, AND AS MOTHER AND NATURAL GUARDIAN OF INFANT, C.M.H, AND INFANT J.O.H., ET AL., PLAINTIFFS, V DUNLOP TIRE CORPORATION, ET AL., DEFENDANTS. (ACTION NO. 1.) ALLIANZ UNDERWRITERS INSURANCE COMPANY, PLAINTIFF-RESPONDENT, V LANDMARK INSURANCE COMPANY, GENERAL STAR INDEMNITY CORPORATION, DUNLOP TIRE CORPORATION, GOODYEAR DUNLOP TIRES NORTH AMERICA, LTD., UNDERBERG & KESSLER, LLP, SMITH MURPHY & SCHOEPPERLE, LLP, DEFENDANTS-RESPONDENTS, NICHOLSON & HALL CORPORATION, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (ACTION NO. 2.) —————————————————————————- LANDMARK INSURANCE COMPANY, PLAINTIFF, V ALLIANZ UNDERWRITERS INSURANCE COMPANY, DEFENDANT. (ACTION NO. 3.) —————————————————————————- NICHOLSON & HALL CORPORATION, PLAINTIFF, V GENERAL STAR NATIONAL INSURANCE COMPANY, ET AL., DEFENDANTS. (ACTION NO. 4.)

Plaintiff-respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 21, 2007, on the ground that appellant has failed to perfect timely the appeal,

DOCKET NO. CA 07-02079 PAGE 2

Now, upon reading and filing the affidavit of Verne A. Pedro dated October 4, 2007, the notice of motion with proof of service thereof, the opposing affidavit of James J. Duggan sworn to October 16, 2007,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before

December 21, 2007.

Entered: October 22, 2007

JoAnn M. Wahl, Clerk