| ELLICOTT MAINTENANCE, INC. V ESSEX INSURANCE COMPANY DAVID DELPRINCE, . |
| Motion No: CA 08-01915 |
| Slip Opinion No: 2008 NYSlipOp 83926(U) |
| Decided on September 23, 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 08-01915
| ELLICOTT MAINTENANCE, INC., PLAINTIFF-RESPONDENT, V ESSEX
INSURANCE COMPANY, DEFENDANT-APPELLANT, DAVID DELPRINCE, DEFENDANT-RESPONDENT-APPELLANT, ET AL.,
DEFENDANTS. |
Plaintiff-respondent having moved to dismiss the appeal taken by defendant-appellant from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 26, 2008, on the ground that appellant has failed to perfect timely the appeal, and defendant-appellant having cross-moved for an extension of time to perfect its appeal,
Now, upon reading and filing the affidavit of Thomas P. Cunningham sworn to September 11, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Steven E. Peiper sworn September 18, 2008, the notice of cross motion with proof of service thereof,
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 November 3, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: September 23, 2008
JoAnn M. Wahl, Clerk