| GRAPHIC ARTS MUTUAL INSURANCE COMPANY, AS SUBROGEE OF STEVEN MAX AND THEODORE MAX V GENERAL ELECTRIC COMPANY |
| Motion No: CA 08-02198 |
| Slip Opinion No: 2008 NYSlipOp 89489(U) |
| Decided on November 17, 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 08-02198
| GRAPHIC ARTS MUTUAL INSURANCE COMPANY, AS SUBROGEE OF STEVEN
MAX AND THEODORE MAX, PLAINTIFF-APPELLANT, V GENERAL ELECTRIC COMPANY,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on July 8, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of S. Paul Battaglia dated October 23, 2008, the notice of 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 costs.
Entered: November 17, 2008
JoAnn M. Wahl, Clerk