| SENECA DEPOT, LLC V NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, - . |
| Motion No: CA 07-02235 |
| Slip Opinion No: 2007 NYSlipOp 84278(U) |
| Decided on November 20, 2007 |
| Appellate Division, Fourth 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. |
DOCKET NO. CA 07-02235
| SENECA DEPOT, LLC, PLAINTIFF-APPELLANT, V NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. |
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 Monroe on May 31, 2007, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Audrey A. Seeley sworn to
October 22, 2007, the notice of motion with proof of service thereof, the opposing affidavit of David D. Benz sworn to November 9, 2007, the notice of cross motion with proof of service thereof,
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
January 18, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: November 20, 2007
JoAnn M. Wahl, Clerk