| DOMINIC P. VITALE, JR., AS EXECUTOR OF THE ESTATE OF ANNAMAE L. VITALE, DECEASED, AND AS ASSIGNEE OF SALVATORE MATTINA |
| Motion No: CA 10-00579 |
| Slip Opinion No: 2010 NY Slip Op 65912(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. |
DOCKET NO. CA 10-00579
| DOMINIC P. VITALE, JR., AS EXECUTOR OF THE ESTATE OF ANNAMAE L. VITALE,
DECEASED, AND AS ASSIGNEE OF SALVATORE MATTINA, AND DOMINIC P. VITALE, INDIVIDUALLY AND AS ASSIGNEE OF SALVATORE MATTINA
PLAINTIFFS-APPELLANTS, V MIDROX INSURANCE COMPANY, DEFENDANT-RESPONDENT. |
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 December 3, 2009, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas E. Roberts sworn to March 2, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Eric B. Grossman dated March 9, 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 May 14, 2010.
Entered: March 15, 2010
Patricia L. Morgan, Clerk