| PROGRESSIVE CASUALTY INSURANCE COMPANY V HARCO NATIONAL INSURANCE COMPANY AND BURDICK PONTIAC-GMC JASON WEBB AND JUSTIN |
| Motion No: CA 09-00898 |
| Slip Opinion No: 2009 NY Slip Op 72423(U) |
| Decided on May 11, 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 09-00898
| PROGRESSIVE CASUALTY INSURANCE COMPANY,
PLAINTIFF-RESPONDENT, V HARCO NATIONAL INSURANCE COMPANY AND BURDICK PONTIAC-GMC, DEFENDANTS-APPELLANTS, JASON
WEBB AND JUSTIN WEBB, DEFENDANTS-RESPONDENTS. |
Plaintiff-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 Onondaga on January 16, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David F. McCarthy sworn to April 23, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Laurence F. Sovik sworn to May 7, 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 June 26, 2009.
Entered: May 11, 2009
Patricia L. Morgan, Clerk