Teresa R. Todaro - v Geico General Insurance Company -.

Motion No: 505655

Slip Opinion No: 2008 NYSlipOp 90976(U)

Decided on November 19, 2008

Appellate Division, Third 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.

Decided and Entered: November 19, 2008

Case # 505655

TERESA R. TODARO, Appellant- Respondent, v GEICO GENERAL INSURANCE COMPANY, Respondent-Appellant.

DECISION AND ORDER ON MOTION

Motion by respondent-appellant to dismiss appeal of appellant-respondent for failure of prosecution.

Cross motion by appellant-respondent to dismiss appeal of respondent-appellant for failure of prosecution.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the appeal of appellant-respondent is dismissed, without costs, unless it is perfected on or before January 20, 2009, in which event the motion is denied, and it is further

ORDERED that the cross motion is denied, without costs (see 22 NYCRR
800.9 [e]).
CARDONA, P.J., PETERS, SPAIN, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court