| MIAN RAFI, TERESA RAFI, DOING BUSINESS AS MIAN RAFI'S INTERNATIONAL CUISINE, AND SHAHAB, INC. V RUTGERS CASUALTY |
| Motion No: CA 08-00800 |
| Slip Opinion No: 2008 NYSlipOp 70691(U) |
| Decided on April 28, 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. |
DOCKET NO. CA 08-00800
| MIAN RAFI, TERESA RAFI, DOING BUSINESS AS MIAN RAFI'S INTERNATIONAL
CUISINE, AND SHAHAB, INC., PLAINTIFFS-RESPONDENTS, V RUTGERS CASUALTY INSURANCE COMPANY,
DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on February 1, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of J. Michael Shane sworn to April 14, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Stephen A. Sharkey sworn to April 21, 2008, the reply affidavit of Kathy Trost sworn to April 25, 2008, the reply affidavit of J. Michael Shane sworn to April 25, 2008,
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 June 27, 2008.
Entered: April 28, 2008
JoAnn M. Wahl, Clerk