| JOHN ZUPAN AND BONITA ZUPAN V ALLSTATE INSURANCE COMPANY, - . |
| Motion No: CA 08-02333 |
| Slip Opinion No: 2008 NYSlipOp 91606(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 08-02333
| JOHN ZUPAN AND BONITA ZUPAN, PLAINTIFFS-RESPONDENTS, V
ALLSTATE INSURANCE COMPANY, DEFENDANT-APPELLANT, ET AL., DEFENDANT. |
Respondents 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 June 4, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Gustave J. DeTraglia, Jr. sworn to November 7, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Rebecca A. Crance 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 February 2, 2009.
Entered: December 2, 2008
JoAnn M. Wahl, Clerk