| CHARLES M. SHORT V PROGRESSIVE NORTHWESTERN INSURANCE AND JEFFREY SUSSMAN |
| Motion No: CA 09-00072 |
| Slip Opinion No: 2009 NYSlipOp 69139(U) |
| Decided on April 6, 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 09-00072
| CHARLES M. SHORT, PLAINTIFF-RESPONDENT, V PROGRESSIVE
NORTHWESTERN INSURANCE, DEFENDANT-APPELLANT, AND JEFFREY SUSSMAN, DEFENDANT-RESPONDENT. |
Respondent Jeffrey Sussman 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 Cayuga on December 12, 2008, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Michael G. Bersani sworn to March 12, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Phyliss A. Hafner dated March 27, 2009, the notice of cross 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 further order unless the appeal is perfected on or before June 5, 2009, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: April 6, 2009
Patricia L. Morgan, Deputy Clerk