| ROBERTA A. KANE, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN FOR SARAH ANN KANE V UTICA FIRST INSURANCE COMPANY |
| Motion No: CA 09-00306 |
| Slip Opinion No: 2009 NYSlipOp 64615(U) |
| Decided on February 24, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-00306
| ROBERTA A. KANE, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN
FOR SARAH ANN KANE, PLAINTIFF-APPELLANT, V UTICA FIRST INSURANCE COMPANY, ALLIED CLAIM SERVICES, INC., AND ENVIRO-CARE, INC.,
DEFENDANTS-RESPONDENTS. |
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 Erie on April 4, 2008 and for other relief,
Now, upon reading and filing the affidavit of Richard J. Lippes sworn to February 6, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Christopher G. Floreale dated February 12, 2009, 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 April 10, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that Theodore J. Burns, Esq. is hereby directed to return the file on plaintiff's appeal to Richard J. Lippes, Esq. on or before March 11, 2008.
Entered: February 24, 2009
JoAnn M. Wahl, Clerk