DOCKET NO. CA 09-01967

PROGRESSIVE NORTHEASTERN INSURANCE CO., WENDY GODFREY, AND KYLE BICE, PLAINTIFFS-APPELLANTS, V GMAC DIRECT INSURANCE COMPANY, CIM INSURANCE CORPORATION, CIM INSURANCE CORPORATION A GMAC INSURANCE COMPANY, WILLIAM GODFREY, DEFENDANTS-RESPONDENTS, DIANE M. POTTER, AS ADMINISTRATRIX OF THE ESTATE OF GARY POTTER, DEFENDANT-APPELLANT. WILLIAM GODFREY, THIRD-PARTY-PLAINTIFF, V NATIONAL GRANGE MUTUAL INSURANCE COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT.

Defendants-respondents having moved to dismiss the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on April 29, 2009, on the ground that appellants have failed to perfect timely the appeals,

Now, upon reading and filing the affidavit of Timothy J. Perry sworn to September 24, 2009, the affirmation of Barry L. Manus dated September 30, 2009, the notices of motion with proof of service thereof, the opposing affidavit of Keith D. Miller sworn to October 8, 2009,

It is hereby ORDERED that the motion be, and the same hereby is, granted with respect to the appeal of Diane M. Potter, and that appeal is dismissed without costs, and

It is further ORDERED that the motion be, and the same hereby is, granted with respect to the appeal of Progressive Northeastern Insurance Company, Wendy Godfrey, and Kyle Bice, and that appeal is dismissed without further notice unless the appeal is perfected on or before December 14, 2009.

Entered: October 14, 2009

Patricia L. Morgan, Clerk