PETER BISSELL V NEW YORK STATE INSURANCE FUND TOWN OF AMHERST AND MCGONIGLE & HILGER ROOFING COMPANY
Motion No: CA 10-00580
Slip Opinion No: 2010 NY Slip Op 65906(U)
Decided on March 15, 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.


March 15, 2010

DOCKET NO. CA 10-00580

PETER BISSELL, PETITIONER-RESPONDENT,

V

NEW YORK STATE INSURANCE FUND, RESPONDENT-APPELLANT,

TOWN OF AMHERST AND MCGONIGLE & HILGER ROOFING COMPANY,

RESPONDENTS.


Respondent Peter Bissell having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 4, 2009, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Alan D. Voos dated March 1, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Hal Friedman dated March 9, 2010,

It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before May 14, 2010.

Entered: March 15, 2010

Patricia L. Morgan, Clerk