| PROGRESSIVE INSURANCE COMPANY, V MICHELLE STROUGH, . |
| Motion No: CA 07-00269 |
| Slip Opinion No: 2008 NYSlipOp 61288(U) |
| Decided on January 14, 2008 |
| 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 07-00269
| PROGRESSIVE INSURANCE COMPANY,
PLAINTIFF-APPELLANT-RESPONDENT, V MICHELLE STROUGH, DEFENDANT-RESPONDENT-APPELLANT. |
Appellant-respondent having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 19, 2006,
Now, upon reading and filing the affirmation of Steven E. Peiper dated January 3, 2008, the notice of motion with proof of service thereof, the affirmation of John B. Licata dated January 10, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the ordering paragraph of the order of this Court entered November 7, 2007 is hereby amended by deleting the date January 4, 2008 and inserting in its place the date February 1, 2008, and
It is further ORDERED that respondent-appellant shall perfect the cross appeal on or before March 7, 2008 and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: January 14, 2008
JoAnn M. Wahl, Clerk