| CAPITAL HEAT, INC. V MICHAEL R. BLATNER FAMILY TRUST, JOHN R. BLATNER, AND MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY |
| Motion No: CA 08-01821 |
| Slip Opinion No: 2008 NYSlipOp 83420(U) |
| Decided on September 16, 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 08-01821
| CAPITAL HEAT, INC., PLAINTIFF-RESPONDENT, V MICHAEL R. BLATNER
FAMILY TRUST, JOHN R. BLATNER, AND MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, DEFENDANTS-RESPONDENTS. JOHN B
BLATNER AND MICHAEL R. BLATNER FAMILY TRUST, DEFENDANTS/INTERPLEADING PLAINTIFFS-RESPONDENTS, V DEBORAH A. BLATNER,
INTERPLEADER DEFENDANT-APPELLANT.
——————————————————————
————— MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, DEFENDANT/INTERPLEADING
PLAINTIFF-RESPONDENT, V DEBORAH A. BLATNER, INTERPLEADER DEFENDANT-APPELLANT. |
Respondent Massachusetts Mutual Life Insurance Company 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 Erie on April 1, 2008, on the ground that the appeal is untimely as to it,
Now, upon reading and filing the affirmation of Linda H. Joseph dated August 22, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is granted, and the appeal is dismissed as against Massachusetts Mutual Life Insurance Company without costs .
Entered: September 16, 2008
JoAnn M. Wahl, Clerk