| PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, - V STATE FARM INSURANCE COMPANIES AND CHARTER OAK FIRE INSURANCE COMPANY |
| Motion No: CA 10-00264 |
| Slip Opinion No: 2010 NY Slip Op 64244(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. |
DOCKET NO. CA 10-00264
| PROGRESSIVE NORTHEASTERN INSURANCE COMPANY,
PLAINTIFF-RESPONDENT V STATE FARM INSURANCE COMPANIES, DEFENDANT-RESPONDENT, AND CHARTER OAK FIRE INSURANCE
COMPANY, AIU INSURANCE COMPANY, CRAIG DONAGHEY, GLORIA CARD, JEANETTE BOSKET, CANDICE A. RHEA, AND GABE'S AUTO,
DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken by Charter Oak Fire Insurance Company from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 14, 2009, on the ground that appellant has failed to perfect timely their appeal,
Now, upon reading and filing the affidavit of Timothy J. Perry sworn to January 29, 2010, the notice of motion with proof of service thereof, and the opposing affidavit of Anthony J. Piazza sworn to February 10, 2010,
It is hereby ORDERED that the motion is granted and the appeal taken by Charter Oak Fire Insurance Company is dismissed without further order unless the appeal is perfected on or before April 23, 2010.
Entered: February 22, 2010
Patricia L. Morgan, Clerk