SONJA SWEENEY V PREFERRED MUTUAL INSURANCE COMPANY
Motion No: CA 08-02332
Slip Opinion No: 2008 NYSlipOp 91698(U)
Decided on December 9, 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.


December 9, 2008

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-02332
MORTGAGE LOAN TRUST 2001-4, MORTGAGE BACKED NOTES,

SONJA SWEENEY, PLAINTIFF-RESPONDENT,

V

PREFERRED MUTUAL INSURANCE COMPANY, DEFENDANT.



JP MORGAN CHASE BANK, N.A., AS INDENTURE TRUSTEE ON BEHALF

OF THE NOTEHOLDERS AND THE NOTE INSURER OF THE ABFS

APPELLANT;

WOODS OVIATT GILMAN LLP, RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on August 22, 2008,

Now, upon reading and filing the affirmation of Larry T. Powell dated November 12, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Warren B. Rosenbaum dated December 2, 2008, the reply affirmation of Larry T. Powell dated December 7, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant shall perfect the appeal on or before February 6, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 9, 2008

JoAnn M. Wahl, Clerk