| SEVENSON ENVIRONMENTAL SERVICES, INC., AND THE GOODYEAR TIRE AND RUBBER COMPANY V SIRIUS AMERICA INSURANCE COMPANY |
| Motion No: CA 08-02260 |
| Slip Opinion No: 2008 NYSlipOp 89506(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 08-02260
| SEVENSON ENVIRONMENTAL SERVICES, INC., AND THE GOODYEAR TIRE AND
RUBBER COMPANY, PLAINTIFFS-RESPONDENTS, V SIRIUS AMERICA INSURANCE COMPANY, ALSO KNOWN AS SIRIUS INSURANCE COMPANY,
DEFENDANT-APPELLANT, AND THOMAS JOHNSON, INC., DEFENDANT-RESPONDENT. |
Defendant-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 Niagara on August 13, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Kevin A. Lane sworn to October 30, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Timothy E. Delahunt dated November 6, 2008, the reply affidavit of Kevin A. Lane sworn to November 13, 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 January 16, 2009.
Entered: November 17, 2008
JoAnn M. Wahl, Clerk