| SUSAN C. KHUNS V BAY STATE INSURANCE COMPANY |
| Motion No: CA 10-00231 |
| Slip Opinion No: 2010 NY Slip Op 64237(U) |
| Decided on February 22, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00231
| SUSAN C. KHUNS, PLAINTIFF-RESPONDENT, V BAY STATE 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 Monroe on April 16, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Richard Coia dated January 27, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Mark T. Whitford, Jr. sworn to February 11, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed.
Entered: February 22, 2010
Patricia L. Morgan, Clerk