| HBE CORPORATION AND CORNERSTONE COMMUNITY FEDERAL CREDIT UNION V SIRIUS AMERICA INSURANCE COMPANY |
| Motion No: CA 08-01227 |
| Slip Opinion No: 2008 NYSlipOp 75255(U) |
| Decided on June 18, 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 08-01227
| HBE CORPORATION AND CORNERSTONE COMMUNITY FEDERAL CREDIT UNION,
PLAINTIFFS-RESPONDENTS, V SIRIUS AMERICA INSURANCE COMPANY, DEFENDANT-APPELLANT. |
Respondents 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 Niagara on February 13, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Patrick A. Dudley sworn to June 2, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Dan D. Kohane sworn to June 9, 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 August 15, 2008.
Entered: June 18, 2008
JoAnn M. Wahl, Clerk