| MARK IV CONSTRUCTION CO., INC., V DELOS INSURANCE COMPANY, FORMERLY KNOWN AS SIRIUS AMERICA INSURANCE COMPANY, |
| Motion No: CA 09-01892 |
| Slip Opinion No: 2009 NY Slip Op 85338(U) |
| Decided on October 5, 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 09-01892
| MARK IV CONSTRUCTION CO., INC.,
PLAINTIFF-RESPONDENT-APPELLANT, V DELOS INSURANCE COMPANY, FORMERLY KNOWN AS SIRIUS AMERICA INSURANCE COMPANY,
DEFENDANT-APPELLANT-RESPONDENT, DONALD E. DOLLINGER AND LISA DOLLINGER,
DEFENDANTS-RESPONDENTS. |
Respondent-appellant 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 Monroe on February 12, 2009, on the ground that appellant-respondent has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Anthony J. Piazza dated September 18, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Amy L. DiFranco dated October 1, 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 November 19, 2009.
Entered: October 5, 2009
Patricia L. Morgan, Clerk