| FAITH RUCCI V PROGRESSIVE NORTHEASTERN INSURANCE COMPANY |
| Motion No: CA 10-00066 |
| Slip Opinion No: 2010 NY Slip Op 62024(U) |
| Decided on January 20, 2010 |
| 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 10-00066
| FAITH RUCCI, PLAINTIFF-RESPONDENT, V PROGRESSIVE NORTHEASTERN
INSURANCE COMPANY, DEFENDANT-APPELLANT. |
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 Niagara on July 14, 2009, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross moved for an extension of time to perfect,
Now, upon reading and filing the affirmation of Nathan C. Doctor dated December 30, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Steven E. Peiper sworn to January 13, 2010, and the reply of Nathan C. Doctor sworn to January 15, 2010,
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 April 20, 2010, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: January 20, 2010
Patricia L. Morgan, Clerk