| Thomas Hamilton Pharmacy, Inc. v Nationwide Mutual |
| Motion No: 2008-08982 |
| Slip Opinion No: 2009 NYSlipOp 70065(U) |
| Decided on April 20, 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
M85471
E/cb
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2008-08982, 2008-09681
Thomas Hamilton Pharmacy, Inc., respondent-appellant, v Nationwide Mutual Insurance Company, et al., respondent, New York Adjustment Bureau, Inc., appellant- respondent. (Index No. 18258/06)
| DECISION & ORDER ON MOTION |
Motion by Nationwide Mutual Insurance Company on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered September 19, 2008, docketed under Appellate Division Docket No. 2008-08982, and an appeal by Thomas Hamilton Pharmacy, Inc., from the same order docketed under Appellate Division Docket No. 2008-09681, to dismiss the appeal by New York Adjustment Bureau, Inc., for failure to timely perfect. Application by New York Adjustment Bureau, Inc., to withdraw its appeal. Application by Thomas Hamilton Pharmacy, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the applications, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application by New York Adjustment Bureau, Inc., to withdraw its appeal docketed under Appellate Division Docket No. 2008-08982 is granted and the appeal of New York Adjustment Bureau, Inc., is marked withdrawn; and it is further,
ORDERED that the application by Thomas Hamilton Pharmacy, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect its appeal (Appellate Division Docket No. 2008-08982) is granted and the appellant's time to perfect the appeal is enlarged until June 10, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that on the court's own motion, the appeal docketed under Appellate Division Docket No. 2008-09681 is dismissed, without costs or disbursements, as duplicative of the appeal docketed under Appellate Division Docket No. 2008-08982,
MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court