| JOSEPH P. STANLEY V PEERLESS INSURANCE COMPANY |
| Motion No: CA 09-00048 |
| Slip Opinion No: 2009 NYSlipOp 63857(U) |
| Decided on February 13, 2009 |
| 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 09-00048
| JOSEPH P. STANLEY, PLAINTIFF-APPELLANT, V PEERLESS INSURANCE
COMPANY, DEFENDANT-RESPONDENT. |
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 Onondaga on August 1, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Sean A. Tomko sworn to January 6, 2009, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: February 13, 2009
JoAnn M. Wahl, Clerk