| ARTHUR BERRY V UTICA NATIONAL INSURANCE GROUP , AND MCCLUSKY LAW FIRM, LLC |
| Motion No: CA 09-00441 (CORRECTED) |
| Slip Opinion No: 2009 NYSlipOp 67045(U) |
| Decided on March 19, 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 09-00441 (CORRECTED)
| ARTHUR BERRY, PLAINTIFF-APPELLANT, V UTICA NATIONAL INSURANCE
GROUP, ET AL., DEFENDANTS, AND MCCLUSKY LAW FIRM, LLC, DEFENDANT-RESPONDENT. |
Respondent 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 November 18, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Matthew J. Larkin dated February 26, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Gustave J. DeTraglia, Jr. sworn to March 5, 2009,
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 May 15, 2009.
Entered: March 19, 2009
JoAnn M. Wahl, Clerk