| MAYER'S CIDER MILL, INC. V PREFERRED MUTUAL INSURANCE COMPANY AND JAMES LANSDOWNE |
| Motion No: CA 08-01969 |
| Slip Opinion No: 2008 NYSlipOp 85834(U) |
| Decided on October 6, 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 08-01969
| MAYER'S CIDER MILL, INC., PLAINTIFF-RESPONDENT, V PREFERRED
MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLANT, AND JAMES LANSDOWNE,
DEFENDANT-RESPONDENT. |
Plaintiff-respondent 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 Monroe on June 19, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Andrew J. Ryan sworn to September 22, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Stuart B. Shapiro sworn to October 2, 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 December 5, 2008.
Entered: October 6, 2008
JoAnn M. Wahl, Clerk