| RLI INSURANCE COMPANY V LESLIE SMIEDALA , MICHAEL J. HALE, AND REGIONAL INTEGRATED LOGISTICS, INC. |
| Motion No: CA 09-01232 |
| Slip Opinion No: 2009 NY Slip Op 77017(U) |
| Decided on June 30, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 09-01232
| RLI INSURANCE COMPANY, PLAINTIFF-APPELLANT, V LESLIE SMIEDALA,
ET AL., DEFENDANTS, MICHAEL J. HALE, AND REGIONAL INTEGRATED LOGISTICS, INC.,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 25, 2009, and defendant Leslie Smiedala having cross-moved to dismiss the appeal for failure to perfect timely,
Now, upon reading and filing the affirmation of Ira S. Lipsius dated June 16, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Eric B. Grossman dated June 22, 2009, the notice of cross motion with proof of service thereof, the affidavit of Kevin A. Lane sworn to June 23, 2009, the reply affirmation of Cheryl D. Lipsius dated June 26, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion be, and the same hereby are, granted to the extent that appellant shall perfect the appeal on or before August 28, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 30, 2009
Patricia L. Morgan, Clerk