| THOMAS JOHNSON, INC. V THE STATE INSURANCE FUND |
| Motion No: CA 09-00587 |
| Slip Opinion No: 2009 NYSlipOp 69799(U) |
| Decided on April 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 09-00587
| THOMAS JOHNSON, INC., PLAINTIFF-RESPONDENT, V THE STATE
INSURANCE FUND, DEFENDANT-APPELLANT. |
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 Niagara on August 26, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Kevin A. Lane sworn to March 19, 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: April 13, 2009
Patricia L. Morgan, Deputy Clerk