| DOLE FOOD COMPANY, INC. AND DOLE FRESH FRUIT COMPANY V LINCOLN GENERAL INSURANCE COMPANY, LEONARD'S EXPRESS, INC., - . |
| Motion No: CA 08-02075 |
| Slip Opinion No: 2008 NYSlipOp 91573(U) |
| Decided on December 2, 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 08-02075
| DOLE FOOD COMPANY, INC. AND DOLE FRESH FRUIT COMPANY,
PLAINTIFFS-RESPONDENTS, V LINCOLN GENERAL INSURANCE COMPANY, LEONARD'S EXPRESS, INC., DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANT. |
Respondents 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 Erie on July 17, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Todd C. Bushway sworn to October 21, 2008, the notice of motion with proof of service thereof, the opposing affirmation of James F. Regan dated November 21, 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 8, 2009.
Entered: December 2, 2008
JoAnn M. Wahl, Clerk