| MICHAEL HOTALING AND RICHARD H. SYKES V EXCELLUS HEALTH PLAN, INC. |
| Motion No: CA 08-01445 |
| Slip Opinion No: 2008 NYSlipOp 79099(U) |
| Decided on July 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 08-01445
| MICHAEL HOTALING AND RICHARD H. SYKES,
PLAINTIFFS-RESPONDENTS, V EXCELLUS HEALTH PLAN, INC., 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 Onondaga on April 2, 2008, 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 Carter H. Strickland sworn to July 2, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Robert H. Iseman dated July 17, 2008, the notice of cross motion with proof of service thereof, the reply affidavit of Carter Strickland sworn to July 24, 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 September 26, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: July 28, 2008
JoAnn M. Wahl, Clerk