| RLI INSURANCE COMPANY V LESLIE SMIELDA , MICHAEL J. HALE AND REGIONAL INTEGRATED LOGISTICS, INC. |
| Motion No: CA 09-02296 |
| Slip Opinion No: 2009 NY Slip Op 90163(U) |
| Decided on November 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 09-02296
| RLI INSURANCE COMPANY, PLAINTIFF-APPELLANT, V LESLIE SMIELDA,
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 August 13, 2009,
Now, upon reading and filing the affirmation of Ira S. Lipsius dated November 11, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Kevin A. Lane sworn to November 23, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant shall perfect the appeal on or before January 29, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 30, 2009
Patricia L. Morgan, Clerk