| Coon v Geogia Farm Bureau Insurance Services |
| Motion No: 2008-06359 |
| Slip Opinion No: 2009 NYSlipOp 68111(U) |
| Decided on March 31, 2009 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M84455
E/nl
ROBERT A. SPOLZINO, J.P.
MARK C. DILLON
ANITA R. FLORIO
ARIEL E. BELEN, JJ.
|
2008-06359 Donald Coon, appellant-respondent, v Georgia Farm Bureau Insurance Services, et al., respondents, Enterprise Car Rental Co., respondent-appellant. (Index No. 07-7661)
| DECISION & ORDER ON MOTION |
Motion by Enterprise Car Rental Co. on an appeal and cross appeal from an order of the Supreme Court, Orange County, dated June 2, 2008, inter alia, to dismiss the appeal for failure to timely perfect and, in effect, to withdraw the cross appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal for failure to timely perfect and, in effect, to withdraw the cross appeal is granted and the appeal is dismissed (see 22 NYCRR 670.8[e][1]) and the cross appeal is marked withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
SPOLZINO, J.P., DILLON, FLORIO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court